Fayetteville, NC asked in Family Law, Personal Injury, Health Care Law and Medical Malpractice for North Carolina

Q: Is my obgyn in the wrong? I may lose my job.

Hello there, so in February 2023 I had a miscarriage which started at my obgyns office-fast forward to now, I never received a follow up call/message/care and made an appointment for 3/28/23 when I went in to discuss post partum depression and to ask the Dr to fill out some hr paperwork and temporary disability paperwork as my postpartum has gotten very severe and I have pre existing mental health issues. When I went on the doctor barely listened to me, and when I asked her about the paperwork she said she felt I had no reason for leave, even after I had told her I was having moments of crippling, breaking, huge meltdowns and it was impacting my life. She just told me to go speak to my psych, who I told her I'm having issues getting an appointment with because of their office and don't want to lose my job. She refuses, and also completely falsified the after visit summary which is now on my medical records. Is there anything I can do? Without this paperwork I will lose my job.

2 Lawyer Answers

A: When a medical provider suspects malingering, it is wise to leave it up to trained psychologists to determine whether a patient is genuinely experiencing subjectively reported symptoms like depression or is exaggerating for secondary benefits like time off work.

N'kia (NLN)
N'kia (NLN)
  • Cary, NC
  • Licensed in North Carolina

A: In many cases, an ObGyn must refer a patient to a mental health practitioner who is trained and authorized to diagnose or treat postpartum. You would need to consult with an attorney who can assess whether your ObGyn did anything wrong and, if so, what you might be able to do.

As for getting your paperwork completed, you may be able to request a referral to a mental health provider who can see you sooner. However, it isn't uncommon for it to take a few weeks for a provider to be available to consult with a brand new patient.

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