Can a doctor refuse to give a medical release to return to work?
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Can a doctor refuse to give a medical release to return to work?
They took me off work and told me not to return until we could figure out what was wrong. They told me that I could have MS or my Chiari Malformation could be causing my problems. I went to the neurosurgeon who did not think it was that bad on the Chiari. He referred me to
a neurologist. I called the Ortho doctors now they claim that the neurosurgeon was responsible for my time off work. I had no clue and nor did the neurosugeon. I can’t get a medical release and could loose my job I have begged them to release me and they are telling me that they are not responsible the ortho doctor is the ones who took me off work.
Asked on May 27, 2016 under Malpractice Law, Tennessee
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 7 years ago | Contributor
Yes, a doctor may refuse to give you a medical release for work if:
1) The doctor does not believe it is safe or medically appropriate for you to return to work--a doctor cannot be made to do anything medically which they think is wrong; and/or
2) The doctor is not the one who told you not to return in the first place--doctor A cannot be required against his/her will to contradict doctor B and take on him/herself the potential liabilty from releasing you against another doctor's advice (since if they do and something goes wrong, they could face legal liabiltiy). (A doctor could choose to provide the release in this circumstance, but is not required to.)
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