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Dr's office took childs blood without consent

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S

starting over

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

This is an unusual situation, so it may be a bit long. Last week I went with my mother to her Doctors appt. Since my 11 yo had an appointment with his doctor (not the same office) he was with me for the day.

While I was in the room with my Mom while she was being seen, I instructed my son to wait in the waiting room until we returned. My mother had to have lab work, so we joined my son in the waiting room. After Moms labs were completed, we got up to leave and thats when I noticed my son had a gauze/tape on his arm. I asked why he had that, he replied that he had blood drawn that his doctor ordered. I was really confused by this statement as he didn't have any bloodwork at his appt earlier that morning. I questioned him as to who drew the blood & he pointed to the lab tech that had just drawn my Mom's blood!!

I was in utter shock, my son is not a patient at that Doctors office....it is my Moms Doctor. I asked him and her how that happened & he replied that she came out & said his name (first only) and he went back. My son has had numerous health issues & it is pretty normal for his blood to be drawn so he just did as he was told. When I asked the tech about it & explained that he wasn't a patient....she said its o.k., don't worry about it.

Well, my Mom mentioned this to her Doctors nurse before leaving & I guess I was just flabbergasted that it had even occurred. After leaving the office, I contacted the office manager & told her what happened. She was beyond shocked to say the least, she offered my son a gift card to Toys R Us for the error & was going to make sure that whomever needed labs actually got labs.....but, the more I thought about it, it seems weird. My son doesn't have a common name & there wasnt anyone else in the waiting room besides him. Makes me wonder where the mysterious patient (that happens to have the same name as my son) actually was?

I haven't contacted the office manager to find out the outcome of her investigation, but plan to tomorrow. The more I think about this, the more concerned I get. Im not sure what questions to ask to make sure this was handled & my son's blood isnt where it shouldnt be. Any advice?What is the name of your state (only U.S. law)?
 


S

starting over

Member
Proserpina said:
Your son has suffered no damages; what is it you wish to accomplish?
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Im just wanting to make sure that the situation was handled and am looking for advice on questions to ask the office manager to make sure my son's blood was accounted for & disposed of. To make sure that this was just a mistake and not something a little more sinister....I watch too much NCIS :)

Its kind of concerning that a minor was called out of the waiting room (she admitted that she called him by name), without a parent present & subjected him to any testing. And as I mentioned before, there was not any other patients that were present in that room, just him sitting a reading a book. Thats what makes me think that there was a little more to it....its just too coincidental for my tastes.

You are correct, my son didn't suffer any damages. Im not looking to sue anyone, but I do feel that this was negligence on the techs part at a minimum. Ive had a few days to think about this and it concerns me that this "mistake" could have been detrimental to possibly another child that could have needed medication based on the results of the testing. So, although my son suffered no damages, it does concern me that it could have been damaging to another person.
 
S

seniorjudge

Senior Member
If it were me, I'd file a complaint with the medical society of your state. Every doctor in that outfit is responsible for the actions of their employees.

This kind of action is totally unacceptable, at the very least.

File that complaint.

As earlier said, you'll never get any money, but I would be mad as hell if this had happened to my kid.
 
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Proserpina

Senior Member
starting over said:
Im just wanting to make sure that the situation was handled and am looking for advice on questions to ask the office manager to make sure my son's blood was accounted for & disposed of. To make sure that this was just a mistake and not something a little more sinister....I watch too much NCIS :)

Its kind of concerning that a minor was called out of the waiting room (she admitted that she called him by name), without a parent present & subjected him to any testing. And as I mentioned before, there was not any other patients that were present in that room, just him sitting a reading a book. Thats what makes me think that there was a little more to it....its just too coincidental for my tastes.

You are correct, my son didn't suffer any damages. Im not looking to sue anyone, but I do feel that this was negligence on the techs part at a minimum. Ive had a few days to think about this and it concerns me that this "mistake" could have been detrimental to possibly another child that could have needed medication based on the results of the testing. So, although my son suffered no damages, it does concern me that it could have been damaging to another person.
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I also suggest you quit watching NCIS.
 
S

starting over

Member
seniorjudge said:
If it were me, I'd file a complaint with the medical society of your state. Every doctor in that outfit is responsible for the actions of their employees.

This kind of action is totally unacceptable, at the very least.

File that complaint.

As earlier said, you'll never get any money, but I would be mad as hell if this had happened to my kid.
Click to expand...
Thank you, that is the information I needed. I am not looking to get any money, it goes a little deeper than that. My concern is that mistakes like this could cost someone their life, that someone could have been MY son if the tables had been reversed.

Should I bother following up with the office manager or just work on filing a complaint? How do I go about finding out where I file it in Kentucky?
 
C

cyjeff

Senior Member
Don't get me wrong... I would complain to whomever it took to get someone to scream at nursey the vampire.

Other than that... and you can't even ask for that... it is pretty much a done deal.
 
S

seniorjudge

Senior Member
starting over said:
Thank you, that is the information I needed. I am not looking to get any money, it goes a little deeper than that. My concern is that mistakes like this could cost someone their life, that someone could have been MY son if the tables had been reversed.

Should I bother following up with the office manager or just work on filing a complaint? How do I go about finding out where I file it in Kentucky?
Click to expand...
Kentucky: Board of Medical Licensure - Home

Also, what the nurse did is a crime. Assault.

Talk to your commonwealth's attorney.
 
P

Proserpina

Senior Member
I get labs done on at least a twice-monthly basis.

My current provider will not draw my blood without me handing them a form.

Granted I obviously haven't been to every lab in the country, but I cannot remember one single time when I haven't had to either hand over such a form or confirm the details verbally so the records can be updated in the computer. I've also been a caretaker for someone who couldn't give consent, and every single time there were checks and balances in place so the wrong things weren't done with the wrong patient.

I'm not saying it doesn't happen but.....something isn't right with this story.
 
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