Taking this Doctor to small claims court...Good/bad idea?

Discussion in 'General' started by qwerty man, Nov 15, 2011.

  1. So basically my friend went for a physical a while ago, did a urine culture to test for liver/kidney function, hydration, etc.

    This week he gets a job offer and they require a physical, so he has the doctor's office send the physical report to the company.

    Apparently they included the results of a five panel drug test which he did not authorize. Came out positive for MJ and another drug, now the job offer has been revoked when the job didn't require a DT in the first place.

    The doctors office said the DT was "standard" in a physical. He gave permission to release medical records but they never said anything about drug screening.

    definitely fucked up...
  2. Ehhh, did he sign something? If he signed something and it was on the document itself, then sorry charlie. And even if he didn't, the doctor could still have every right to do so, it just depends on the definition of "medical records". I would assume that a medical record involves everything, being that it is a very very general term. My advice would be to look for another job.

    Not to say that the doctor wasn't a doucher for doing it. He should have forewarned you that you came up positive and asked if you would like to send it yourself after that. I would take it up with the doctors office to be honest. Flip shit on them, that's what I'd do.
  3. Your friend should talk to a lawyer to see if he even has a case.
  4. what kind f case would this be...i failed a drug test now im suing you! it wont work bud. marijuana is illegal.

  5. You're over-simplifying things lol.
  6. You need to read the HIPAA waivers that you sign, you most likely do not have a case.
  7. Generally speaking a pre-employment physical and a drug screening are seperate. As the blade above suggested, talk to a lawyer. Usually an initial consult is free. :smoke:
  8. Depends on what he signed but you don't need a lawyer to go to small claims.

    I'd find another doctor for sure.

    I don't see how he was unaware that he was taking a whiz quiz though. :confused_2:
  9. Do most MDs screen for drugs during a routine physical? I've never heard of this... If so, do they just keep the results to themselves? I don't understand insurance e.o.b.s, etc, but it would seem that even if insurance is paying for this totally unnecessary test that it would affect one's deductible.

    Such an invasion of privacy too!

    I wanna know more...someone please educate me!
  10. pretty sure there's no case. it would be like trying to sue someone for robbing your bud. doesnt work

  11. I don't think that's a accurate comparison.

  12. As he said, they were testing his liver/kidney through the urine sample.

    I think that's kind of messed up especially if the company wasn't even going to drug test him. A lawyer should at least be consulted to see if there is a case.

  13. I think it is.
  14. The unauthorized release of medical information is hardly on par. :smoke:
  15. Alright, so looks like he doesn't have a case

    The papers he signed said NOTHING about a drug test, but they included "you agree to all policies/procedures followed by this office in regards to the release of medical records..." you have to ask to see the specific policies to know they drug test

    still bullshit, imo
    very sneaky and totally unethical

  16. If they didn't tell him he was taking a drug screen and he did not sign for a drug screen then I would think that he has a case for damages.

    If he did not sign the actual specimen cup he can claim a mix up.

    Yeah; I'd take doc to court with out a lawyer. Docs insurance may settle. I'd take the employer to court too. Something sounds fishy about this.

    I'm always in the mood for litigation. :p
  17. Sounds fishy as hell.

    So Doc is paying for drug screen out of goodness of his heart?

    Dudes insurance asked for screen?

    I'd start writing a bunch of threating letters of complaint to medical ethics boards. Maybe even complain to your state rep.

    Give'm hell!!! :D

    American Medical Association - Physicians, Medical Students & Patients (AMA)
  18. 2001: Fergusen vs City of Charleston

    I don't know, but it's a start....:confused_2:
  19. Something is definitely "fishy".

  20. I don't believe that absolves them of culpability. Usually that only spells out the legal mumbo jumbo of the actual control and release of medical documents, not the contents of said documents. There still is a huge difference in pre-employment physical data and a drug screening. Get his ass to the lawyer. ;) :smoke:

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