Carmichael, CA asked in Medical Malpractice and Personal Injury for California

Q: What legal issues are involved with doctor ordering PET scan for reason I was not informed of and did not consent to?

In early January I requested a PET scan from my neurologist for symptoms of gait and speech disorder. The neurologist agreed but said the PET scan would be "normal" and specifically I "do not have dementia." I was never informed why PET scan was actually done--to distinguish "Alzheimer's disease vs. Frontal Lobe Degeneration"--until after test was performed and I received the results. I have no history of dementia in my medical record, did not complain of such and did not consent to that specific test. A month after, after repeated requests, the doctor refuses to tell me why this scan was done. What if any legal issues would be involved here? I'm in California.

1 Lawyer Answer
James L. Arrasmith
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Answered
  • Sacramento, CA
  • Licensed in California

A: There may be several legal issues involved in a situation where a doctor orders a PET scan for a reason that the patient was not informed of and did not consent to. Here are a few potential legal issues to consider:

Informed Consent: In California, doctors are generally required to obtain informed consent from their patients before performing medical procedures or tests. Informed consent requires that the doctor inform the patient of the purpose of the procedure, the risks and benefits of the procedure, and any alternatives to the procedure. If the doctor failed to obtain informed consent for the PET scan, this could be considered a violation of the patient's rights.

Medical Malpractice: If the doctor ordered the PET scan without a valid medical reason or failed to properly inform the patient of the purpose of the scan, this could be considered medical malpractice. Medical malpractice occurs when a healthcare provider fails to provide treatment that meets the standard of care for the profession, resulting in harm to the patient.

Privacy and Confidentiality: Doctors are required to keep patient medical information confidential under federal and state laws. If the doctor ordered the PET scan without the patient's knowledge or consent and disclosed the results of the scan to others without the patient's permission, this could be considered a breach of the patient's privacy rights.

If you believe that your doctor may have violated your rights or engaged in malpractice, you may wish to speak with an attorney who specializes in medical malpractice or healthcare law. An attorney can help you understand your rights and legal options and may be able to help you pursue a claim against the doctor if appropriate.

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