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Can I refuse a surprise blood draw from my doctor to detect what prescribed drugs and in what amounts are in my system?

New Castle, IN |

Doctors are performing surprise blood draws during routine office visits to see what prescribed drugs and in what amounts are in your system. Can I legally refuse test and can my dr then refuse to treat me. What rights do I have? They surprised my daughter with such a test and because she didnt have enough drugs in her system they refused to treat her and referred her to a clinic. They had no cause it was a random test. Does such a test invade an individual's privacy?

Attorney Answers 2


  1. Interesting question. I do not know the answer. However, if the doctor has concerns about drug interaction, he or she may be justified in making sure what drugs are in a patient's system before providing a drug. Nevertheless, it seems to me that consent to the test is needed. However, if a person decline s to take the test, it seems to me that the doctor would be justified to not provide treatment since doing so without the drug test results might harm the patient.

    Mr. Padove is licensed to practice law in Illinois and Indiana and is located in Highland, Indiana serving the Chicagoland area to Indianapolis. The response herein is not legal advice and does not create an attorney/client relationship. The response is in the form of legal education and is intended to provide general information about the matter within the question. Oftentimes the question does not include significant and important facts and timelines that, if known, could significantly change the reply and make it unsuitable. Mr. Padove strongly advises the questioner to confer with an attorney in your state in order to ensure proper advice is received. If this information has been helpful, please indicate below.


  2. I am an attorney licensed in the Commonwealth of Pennsylvania, and the States of Delaware and New Jersey. My practice includes employment, business and health care law. Before I respond to your inquiry, I must state that we have not spoken, I have not reviewed the relevant documents and facts, and I do not represent you. Therefore, my discussion below is not a legal opinion, but is informational only. Finally, my discussion applies only to issues to which Pennsylvania, Delaware, New Jersey or Federal law applies.

    That being said, a doctor does not have an obligation to treat any patient; a doctor can refuse (except in certain emergency situations) to accept or continue to treat a patient. Furthermore, if a doctor is concerned that the patient is drug-seeking, the doctor may require tests to determine what levels of drugs are in the patient's system. The patient can refuse the test, but the doctor can refuse to see the patient thereafter.

    /Christopher E. Ezold/

    I am an attorney licensed in the Commonwealth of Pennsylvania, and the States of Delaware and New Jersey. My practice includes employment, business and health care law. Before I respond to your inquiry, I must state that we have not spoken, I have not reviewed the relevant documents and facts, and I do not represent you. Therefore, my discussion below is not a legal opinion, but is informational only. Finally, my discussion applies only to issues to which Pennsylvania, Delaware, New Jersey or Federal law applies.