Is it within a medical facilities legal right to screen for drug use during a prenatal appointment?

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Is it within a medical facilities legal right to screen for drug use during a prenatal appointment?

My wife received a phone call from he family practice informing her that she tested positive for THC in her blood. She won’t test positive again, so the future impact on the baby is irrelevant. However, we were at no time informed such a screening would take place. Doesn’t having screenings without informed consent violate her 4th amendment rights?

Asked on August 22, 2012 under Malpractice Law, West Virginia

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

The 4th Amendment of the United States Constitution pertains to search and seizures by law enforcement and not a health care provider. As to the right to test for drug use by a hospital is within the custom and practice of a health care provider in this country to make sure the patient is in good health and for future treatment as to possible issues that might arise.


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