QUESTION
Do I have any rights if my doctor refuses to see me after I test positive for a drug test? How?
Asked on Jul 02nd, 2015 on Personal Injury - New York
More details to this question:
I suffer from a very rare autoimmune disease that is progressively degenerative and causes chronic pain. As a result, I take daily pain medications. About 3 months ago I started seeing a new rheumatologist. This doctor takes care of all of my medications, including pain medications. Three weeks ago I was told I had to submit to a drug test before I cold get my prescriptions. I asked why and was told it was to see that I am taking my medicine right and not selling them. I agreed to the test because I agreed with its purpose and of course because I wouldn't get my medication if I didn't (that part made me very upset). About a week later I got a call from the office and they said that my test came back positive for marijuana and because of that they would no longer see me. They said I could come to my next scheduled appointment and they would give me two weeks of medication to give me time to get a new doctor. Not only that but i was told that they wold be contacting all of my other doctors to let them know I had failed a test. First off, I was told the test was to see if I was taking my meds properly not to see if I was using other drugs. Yes, I do smoke marijuana. It is the only thing that stops the nausea and helps me sleep and deal with the stress and anxiety that comes with being chronically ill. If I was in another state, the doctor would be giving it to me themselves. My second issue is them telling my other doctors. Isn't it against the law for them to share my medical info with others? I want to make sure that my rights aren't being violated and I want to be able to continue using marijuana when I need it. What are my rights in this situation? Thank you for any help you can give.
4 ANSWERS
James Eugene Hasser
You probably signed a pile of documents when you first saw the Dr. and I'm betting one of them allows them to disclose your records. You need to get a copy and read them and see what you agreed to. I would think, though, that all you would have to do is tell them not to disclose your medical information. There is a law called, HIPPA, for short that prohibits the disclosure of medical info. If you signed one of those, just revoke it in writing to them. Consider consulting an experienced lawyer familiar with HIPPA law.
Answered on Jul 03rd, 2015 at 5:02 AM
Ronald A. Steinberg
You always have rights, but so does your doctor. He has just told you to get another doctor who will put up with your addiction.
Answered on Jul 03rd, 2015 at 5:01 AM
Edwin K. Niles
It?s called CYA, something that doctors are very good at. They don?t want to do anything that might end up in a malpractice suit, so it?s just easier to bow out.
Answered on Jul 03rd, 2015 at 5:00 AM
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Andrew T. Velonis, P.C.
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It may not be right and it may not be fair, but you have put yourself in a bad situation. If you do not live in a state that allows for medical marijuanna, or if you do and you don't have a prescription, then it's illegal for you to use it. So, your reumatologist has discovered that you are combining prescription drugs with illegal substance use. Under those circumstances, the dr. is obligated to take the course of action that has now taken place.
Answered on Jul 02nd, 2015 at 1:58 PM