Physicians Need Internal Controls On Information Transmission
A growing employment law problem revolves around situations where a doctor's staff agrees to send a medical certification to an employer on behalf of an employee, but then inadvertently fails to forward the certification to the employer, resulting in the termination of the employee for "job abandonment." This could lead to a negligence claim against the medical practice. To avoid this potential pitfall, medical practices need to tighten their controls on medical certifications and carefully document how and when such information is transmitted to employers. Regular monitoring/auditing of these controls should effectively prevent liability.
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