Can a doctordrug test you without your consent?

Get Legal Help Today

 Secured with SHA-256 Encryption

Can a doctordrug test you without your consent?

I went to familydoctor to get pain medication (which he did not prescribe after all) and he gave me a drug test , which had to be negative; I know because I do not do drugs. This was done without my consent. I was only aware of giving a urine sample for a pregnancy test (which I knew was negative because I had my period and I was there for endometriosis-related cramps). I was charged for the drug test.

Asked on September 20, 2010 under Malpractice Law, Missouri

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

There are some cases where a drug test can be done without what you believe may be consent.  An example is when you are granted the privilege of a driver's license in certain states and you accept the license.  Drug and alcohol testing after an accident is seen in these cases as consentual under state law that issued the license.  The drug testing here may have been protocol for treatment.  Doctors often test to make sure that if they have to prescribe a drug there will be no interaction that could cause an adverse reaction to the patient resulting in sickness or fatality.  The test was probably "generic" and tested for all types of "drugs" including over the counter medication.  The fee is what you seem to be most concerned about here.  But it may not really have been unreasonable under the circumstances.


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

 Secured with SHA-256 Encryption