I’m pregnant and my doctor drug tested me without any consent. I live in Virginia. Is this legal?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
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 6 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 6 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.
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.