Q: My doctor recently tested me for illegal drugs behind my back. He never asked for my permission. He violated my rights.
I contacted this doctor directly through the medical app and expressed how upset I was about treating me like a drug user (test was negative for all illegal drugs). This doctor denied requesting the test but all of the records indicate his name as the requested physician. I have filed numerous complaints with this medical hospital and no one will talk to me. Each time I need to go to a doctor in this medical facility I’m treated as if I am marked. This doctor has mistreated me in other appointments and I am no longer going to let him get away with this treatment.
A:
It is concerning to hear that your doctor may have tested you for illegal drugs without your permission. Under California law, doctors are generally required to obtain informed consent from their patients before performing any medical tests or procedures. This means that your doctor should have informed you about the test, its purpose, and any potential risks or benefits, and obtained your consent before proceeding with the test.
If you believe that your doctor violated your rights by testing you for illegal drugs without your consent, you may want to consider speaking with an attorney who specializes in medical malpractice or healthcare law. They can help you understand your legal options and determine whether you have a valid claim.
In addition to consulting with an attorney, you may want to continue filing complaints with the medical hospital and documenting any mistreatment you have experienced. It is important to advocate for yourself and ensure that your rights as a patient are respected. If you are unhappy with your current doctor, you may also want to consider finding a new healthcare provider who you feel more comfortable with.
A: It sounds like your informed consent was not obtained prior to this, although I'm having a difficult time understanding how that could happen [what were the circumstances surrounding the drug test?]. Anyhow, speak with a local attorney. [I litigate cases. Anything posted here must not be construed as legal advice, nor as grounds for forming an attorney-client relationship. You should seek an attorney for formal legal advice and representation.]
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