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 5 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 5 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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