I’m pregnant and my doctor drug tested me without any consent. I live in Virginia. Is this legal?

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I’m pregnant and my doctor drug tested me without any consent. I live in Virginia. Is this legal?

I live in Virginia

Asked on June 1, 2018 under Malpractice Law, Virginia

Answers:

M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

A doctor, hospital, etc., cannot drug test a patient without their consent, absent an emergency that would require it. That having been said, some states have enacted laws requiring a drug tests for a pregnant woman if drug use is supected. However, my research suggests that VA is not one of them. To be certain of your rights, you should consult direclty with a local personal injury attorney; they can best advise you further.

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

Generally, a doctor cannot drug test you without your consent unless there was some emergency reason requiring a test. For example, say you came into the office in some sort of distress that could be the result of drug use; in that case, they could test you to confirm if that is the case, so you can properly treated. But barring an emergency (or a court order), you consent is necessary.


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