QUESTION

If my doctor opened the door during my pap smear and didn't wash her hands, is what she did legal?

Asked on May 30th, 2013 on Personal Injury - New York
More details to this question:
I went for my annual exam and pap smear. During the pap smear, meaning speculum already inserted, which I should add she cranked open way too much, she randomly opened the door to the exam room. Nobody knocked on the door and there is nothing in the hallway there so I have no idea why she did that! Then she closed the door after a good long 5 seconds or so and continued on with the pap without cleaning her hands or changing her gloves. I had anxiety about it for a few days after, and now again while typing this out. Is what she did legal? What should I do about this? I didn't know what category to put this in so I just put it in the personal injury category.
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5 ANSWERS

Ronald A. Steinberg
I would voice your concerns to the doctor. From a hygiene standpoint, your doctor is too careless for my taste.
Answered on Jun 04th, 2013 at 2:57 AM

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Personal Injury Attorney serving Charlotte, NC at Paul Whitfield and Associates P.A.
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You aren't injured. You aren't damaged. What are you trying to do? Why don't you just ask the doctor and share your discomfort. It aint about "legal"
Answered on May 31st, 2013 at 11:13 AM

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Commercial Contracts Attorney serving Boise, ID at Peters Law, PLLC
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I don't know that it is illegal; it may be a violation of proper sanitary standards. Did you ask her to change her gloves? Did she use her hands to open the door or her elbows? Regardless of whether it was inappropriate behavior, if you have not suffered permanent injury, you don't have much of a case. I suggest you write a complaint to her and then find a new gynecologist.
Answered on May 31st, 2013 at 11:13 AM

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Chapter 7 Bankruptcy Attorney serving Syracuse, NY at Andrew T. Velonis, P.C.
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As for the door opening, 5 seconds does not sound like a long time. As for the hands, it's only actionable if you contract some disease because of it. Even then, she will claim you got it somewhere else. Report her to your State's medical authority.
Answered on May 31st, 2013 at 11:12 AM

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Criminal Defense Attorney serving Anderson, SC at The David F. Stoddard Law Firm
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It does not violate any criminal law, and thus is not illegal in that sense. All doctors are required to exercise reasonable care in providing medical treatment. Failure to exercise reasonable care under the circumstances is negligence which is medical malpractice. Whether an act or omission constitutes medical negligence is a medical question that a doctor must answer. However, assuming that this was negligent, you must also have damages caused by the negligence. If you got no infection or adverse reaction, then you have no damages for a malpractice suit. I do not believe anxiety alone would be sufficient for a viable suit. You should try to get over it and perhaps find another doctor.
Answered on May 31st, 2013 at 11:12 AM

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