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Drug Test Without Patient Consent?

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bp8me

Junior Member
What is the name of your state (only U.S. law)? TN

I am a disabled veteran and received treatment at a V.A. clinic for years. My assigned doctor continuously mistreated me by refusing to address my *real* medical concerns, said things to make me upset, wrote untruthful comments in my medical records and sent me to the lab with orders for a PAIN UR (illegal drug test). The doctor never told me he was going to do this NOR did he have a valid reason for doing so. The doctor also wrote in my records that I am NOT disabled and basically accused me of malingering. (I am 90% disabled and receive compensation for my service-connected disabilities - since 1982.) My visits to this doctor continuously resulted in me leaving the clinic in tears with noticeable anxiety and frustration.

I wrote the V.A. a letter of complaint outlining the many times this particular doctor mistreated me, explained details of my visits, his attitude, etc. The V.A. wrote me back to apologize and assigned me to another doctor. I never returned to the clinic for medical assistance. I now use non-VA doctors and specialists for my *real* disabilities.

Is it legal for a doctor to order a drug test on a patient without a valid medical reason or, most importantly, without the patient's consent OR knowledge? Also, is it legal for a doctor to write miscellaneous, derogative and non-professional comments in my records? Thank you.
 
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seniorjudge

Senior Member
Q: Is it legal for a doctor to order a drug test on a patient without a valid medical reason or, most importantly, without the patient's consent OR knowledge? Also, is it legal for a doctor to write miscellaneous, derogative and non-professional comments in my records?

A: Yes and yes.


But I do not understand how the test was done without your consent or knowledge?

Weren't you there for the test?
 

lealea1005

Senior Member
The treating Physician obviously felt the test was necesary which is why he ordered it.
What is your "real" disability that was being mistreated?
 
no, it is NOT illegal, we do that in the ER all the time!!!!!!!!!!!!!!!!! If someone appears under the influence and denies that they are on anything, we have an OBLIGATION to see what they are on, lest we give them something that could hurt them. Its that double edged sword. If we didnt do the uds, we would be asked, "why didnt you do it when you suspected something"?
 

bp8me

Junior Member
senior judge - The doctor is allowed to write FALSE information in my medical records? Why? Yes, I was there for the urine/blood test but it was a routine 6-month checkup. There was no mention of testing me for anything other than the routine labs. I'm on a lot of medications and must be tested for liver function, etc. periodically. Thanks.

lealea1005 - There was absolutely no reason for the doctor to suspect I was on drugs or anything. I'm a responsible 48 year old with grown children, not some punk on the streets. I take no drugs other than those prescribed to me by my treating physicians and the VA doc was not one of them. My "real" disabilities are diagnoses of both physical and mental (depression, anxiety, etc.) by non-VA (real) doctors who treat me for them. The VA doc's responsibility was to do routine lab work. Thanks.

longsally111 - Yes, I am aware that ER's do drug testing and for good reason (life or death situation). But I don't understand why the VA doc took it upon himself to do it to me. I get copies of all my medical records every time I visit a doctor. Being a veteran, I never know when I may need them. Again, I was obviously the same as always and was not under the influence of anything. I didn't even take my routine morning meds because I knew I was going for lab work. I've been a patient of the VA since 1982 and never had such a horrible doctor with such bad manners and unprofessionalism. He is the only one who has ever done such a thing. I was shocked! Thanks.
 
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lealea1005

Senior Member
senior judge - The doctor is allowed to write FALSE information in my medical records? Why? Yes, I was there for the urine/blood test but it was a routine 6-month checkup. There was no mention of testing me for anything other than the routine labs. I'm on a lot of medications and must be tested for liver function, etc. periodically. Thanks.

lealea1005 - There was absolutely no reason for the doctor to suspect I was on drugs or anything. I'm a responsible 48 year old with grown children, not some punk on the streets. I take no drugs other than those prescribed to me by my treating physicians and the VA doc was not one of them. My "real" disabilities are diagnoses of both physical and mental (depression, anxiety, etc.) by non-VA (real) doctors who treat me for them. The VA doc's responsibility was to do routine lab work. Thanks.

longsally111 - Yes, I am aware that ER's do drug testing and for good reason (life or death situation). But I don't understand why the VA doc took it upon himself to do it to me. I get copies of all my medical records every time I visit a doctor. Being a veteran, I never know when I may need them. Again, I was obviously the same as always and was not under the influence of anything. I didn't even take my routine morning meds because I knew I was going for lab work. I've been a patient of the VA since 1982 and never had such a horrible doctor with such bad manners and unprofessionalism. He is the only one who has ever done such a thing. I was shocked! Thanks.

Even "responsible" 48 year old parents can abuse their prescribed medication. You never did tell us what "false" information was put in your medical record.
 

bp8me

Junior Member
lealea1005 "Even "responsible" 48 year old parents can abuse their prescribed medication. You never did tell us what "false" information was put in your medical record."

Yes, I realize there are a lot of people of all ages who abuse medications, prescribed or not. I'm disabled but not oblivious to what goes on around me. I choose not to disclose the contents in my medical records to anyone (privacy act). That is not the question at hand. I asked a legal question concerning my doctor's behavior/legality of the issue at hand and gave enough pertinent information to get an answer. This was my original question:

Is it legal for a doctor to order a drug test on a patient without a valid medical reason or, most importantly, without the patient's consent OR knowledge? Also, is it legal for a doctor to write miscellaneous, derogative and non-professional comments in my records? Thank you.​

Thank you for your time.
 

lealea1005

Senior Member
lealea1005 "Even "responsible" 48 year old parents can abuse their prescribed medication. You never did tell us what "false" information was put in your medical record."

Yes, I realize there are a lot of people of all ages who abuse medications, prescribed or not. I'm disabled but not oblivious to what goes on around me. I choose not to disclose the contents in my medical records to anyone (privacy act). That is not the question at hand. I asked a legal question concerning my doctor's behavior/legality of the issue at hand and gave enough pertinent information to get an answer. This was my original question:

Is it legal for a doctor to order a drug test on a patient without a valid medical reason or, most importantly, without the patient's consent OR knowledge? Also, is it legal for a doctor to write miscellaneous, derogative and non-professional comments in my records? Thank you.​

Thank you for your time.
Then, you were given your legal answer by SJ in post #2.
 

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