Legal Question in Medical Malpractice in Pennsylvania
Short Term Disablity
My son keeps getting lightheaded at work to the point of almost passing out. He completed FMLA form, ask P.A. to sign short term disablity papers, which were sent from employer, she refused. She sent him back to work, and the same thing happened. We still do not know what is wrong. Can she be held liable? He has no income and is not able to do anything.
1 Answer from Attorneys
Re: Short Term Disablity
Your son has an active medical problem.
He MUST work with his doctors and/or find new doctors to resolve this.
This legal forum absolutely does not give out medical advice (even though you may see the title �M.D.� on occasion)
Medical Malpractice questions don�t arise until after serious (generally permanent) injury. While failure to diagnose syncope (passing out) can have serious and permanent consequences, the information you have given does not indicate that this has happened so far.
The P.A. who has rendered medical advice and/or treatment is answerable if a malpractice suit is filed. To reiterate, I would not file suit at this point. Another attorney may have a different opinion, so your son should ask other lawyers if he believes that he has a claim.
Regarding your questions about FMLA and disability, this falls outside of the scope of malpractice law. Your son would need to contact an employment specialist for these matters.
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