My daughter is 7 months pregnant and happy every month I take her to the doctor and so far everything is ok.last week she was really upset and when I asked her what was wrong she start crying then she told me that the doctor embarrassed her telling her that she test positive for drugs she told him that is has to be a mistake that is no way possible he wont listen to her and offer help with her problem she kept saying its a mistake than he give her a referral to a program for drug addict pregnant womens, when she refuse to listening to him he told her that she couldn't have the baby there because of her drug problem.Both her and the baby;s father dint smoke,drink or do drugs I am very mad with the doctor and he is going to apologizes I promise but I need to know if something legal can be done.Thank you very much please help.Rubyred
Doctor's False Accusation of Drug Use
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08-26-2007, 02:59 PMRubyredDoctor's False Accusation of Drug Use
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08-26-2007, 03:38 PMjkRe: Doctor false accusationsapologize for what?Quote:
I am very mad with the doctor and he is going to apologizes I promise but I need to know if something legal can be done
a doctor can refuse to treat anybody they want. Your daughter is the person who publicized what the doctor stated, not the doctor. Even if the tests are wrong, he still did nothing wrong other than not believing her.
Are you positive you should be believing her? It is unusual for a doctor to do things like this without justification that they believe to be true. If it were simply a matter of a bad test. I would think a retest would show the doctor he is wrong. Has she been retested?
Why was she even tested for drugs?
It sounds like there was more than just the test the doc used to make this determination.
Not meaning to be accusatory but it just doesn;t add up in your version. -
08-26-2007, 04:03 PMdeadlockRe: Doctor false accusationsYour daughter has an established patient-doctor relationship (contract) and the physician cannot discharge her from his care or deny her without giving her written notice, time to find another provider and establish that new healthcare relationship.Quote:
Quoting Rubyred
There has to be more to this story than she just tested positive.
If she had labwork that showed positive results of something, what was it? Those screens are drug sensitive. So what did he test for? There are many reasons for labwork to be false positive. (Not many for false negative).
Answer to your question about anything you can do legally-
you don't have enough information yet to determine that.
I suggest you call the doc's office and schedule an appointment to discuss this lab test. Go without your daughter and find out what he has to say. Don't threaten to interrupt the relationship she has with him. Try to get the facts. Then ask her to tell what she knows.
Come back and let us know what he told you about the test. Also, she's 7 months pregnant, so try to reassure her. -
08-26-2007, 04:16 PMjkRe: Doctor false accusationswould you be so kind to provide me with the regulatory commision and the regulation that requires this? (not meant as a snide remark)Quote:
Your daughter has an established patient-doctor relationship (contract) and the physician cannot discharge her from his care or deny her without giving her written notice, time to find another provider and establish that new healthcare relationship.
don't forget to tell her the daughter MUST sign a HIPAA release for the doctor to discuss anything with mom.Quote:
I suggest you call the doc's office and schedule an appointment to discuss this lab test. Go without your daughter and find out what he has to say. Don't threaten to interrupt the relationship she has with him. Try to get the facts. Then ask her to tell what she knows.
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08-26-2007, 07:23 PMaaronRe: Doctor false accusations
Depending upon the substance involved, the doctor's expression, "You can't have your baby here" may have nothing to do with his desire to treat the patient and everything to do with the absence of a high risk obstetrics program or NICU (neonatal intensive care unit) at that clinic or hospital. If, for example, the doctor believes the baby might go through opiate or cocaine withdrawal, there is every reason for the baby to be born at a hosptial with a good NICU equipped to deal with neonatal drug withdrawal.
If we assume the drug test was in error, that can be resolved through retesting. -
08-27-2007, 09:04 PMBetty3Re: Doctor's False Accusation of Drug Use
Apparently up to the 7th month of pregnancy if the dr. did a drug test in the past, the results were negative. We don't know what the drug was that she tested positive for but it seems as if a repeat would have been done. However, it seems there may be more to the story than we know.
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08-27-2007, 09:20 PMBetty3Re: Doctor false accusationsI don't have a regulation but my understanding/info is the same as deadlock's understanding/info:Quote:
Quoting jk
While some states have Good Samaritan laws that obligate doctors to help out in certain life-threatening situations, doctors generally have no legal obligation to assume the care of a patient. However, once a doctor-patient relationship has been established, the physician usually cannot refuse to treat you. Doing so could be considered "abandonment." If a doctor wants to terminate the relationship with a patient, adequate notice must be given so the patient has a reasonable opportunity to find alternative care. -
08-27-2007, 10:02 PMdeadlockRe: Doctor false accusationsWe don't know if the doc was intending to terminate the pregnacy or if he wanted her to seriously consider getting help with what might be a substance abuse problem that might affect the fetus in the last trimester.Quote:
Quoting Betty3
There is a myth about it being acceptable for a doctor or therapist to terminate a professional relationship anytime for any reason:
http://www.ama-assn.org/ama/pub/category/4609.html
Can a doctor terminate a patient for no good reason? Yes. Can the patient sue and probably win. Absolutely, if they can sustain allegations of pain, harm and or mental anguish as a result.
This myth might be due to confusion about a physician selectively treating someone (with whom he/she has no previous professional relationship) in an EMERGENCY situation. They are not obligated professionally or legally to provide care in an emergency situation.
This is a change from the Hippocratic Oath to this trend of Informed Consent.
The basis for medical malpractice is a duty. There is a contract and an ethical obligation by the professional.
In the above case, if he stated he would not continue to care for the pregnant daughter because she refused treatment for whatever substance was found, he has admitted that she is in need of care. He is obligated to her care, by the standards of the profession that holds him accountable. If he abandons this person knowing that doing so will be harmful to the fetus, he will be liable for breach of contract (tort) and medical malpractice. -
08-28-2007, 06:14 AMaaronRe: Doctor false accusations
And if he's saying, "This is outside of the scope of my expertise, and needs to be handled by a specialist - here's the number for a clinic that will help you," with appropriate follow-up to ensure that she's acting on the referral, he's acting responsibly.
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08-28-2007, 10:35 AMBetty3Re: Doctor false accusationsdeadlock - re my 11:20pm post of yesterday, I was just trying to say that my understanding is the same as you quoted above.Quote:
Quoting deadlock