i sustained an injury while intoxicated by jumping off a rope swing and hitting rocks. I receieved an ambulane ride and promt medical attention thankfully only bruisings and abrasions occured. Next day i went to my primary care physcian for an appointment having nothing to do with the accident. I was on a narcotics contract stating if had any illegal subtances or "accesive alcohal" iturned voived that contract. I had a BAC of .24 and THC in my system. This information was released to my pcp an immediatly brought to my attention that i had voided the contract for obvious reasons. So now i am no longer able to reviece controlled subtances. Did the hosital have the right to drug test me and did they have the right to release that information to my pcp?
Somewhere along the way, you may have signed a release?
You need to check.
Does this answer your question?
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If you came to the hospital in an emergent situation, they may have had the right to test.
As for the breach of confidentiality, if the physician has privleges at the hospital, he or she may be able to simply review your chart at any time.
Best of luck to you!
In no way am I offering you legal advice, and in no way has my comment created an attorney-client relationship. You are not to rely upon my note above in any way, but insted need to sit down with counsel and share all relevant facts before receiving fully-informed legal advice. If you want to be completely sure of your rights, you must sit down with an experienced criminal defense attorney to be fully aware of your rights.
The hospital did a blood analysis to determine what drugs you were on (2) and in what quantity. That was a fairly standard procedure for an emergency transport arrival.
You may, as noted, have signed a release; it is also likely your PCP is affiliated with the hospital. Note also that your records may be in a common insurance file.
As your physician should have access to your medical records in order to treat you, I fail to see a cause of action.
The foregoing is for general information purposes and does not establish an attorney-client relationship.
Yes, it would be legal to drug test you if you were treated for this type of injury. They hospital needed to know if you had drugs in your system so that if they needed to operate on you if the trauma was serious enough.
I don't think that if your doctor was notified that it was done maliciously, because it wouldn't be outside the boundaries of reasonable care to advise your primary care physician. Your medical records are confidential for all other purposes, however. This is due to the HIPPA act, which prevents doctors from disclosing your medical history to anyone but other doctors.
The theory of law in which the hospital can drug test you and notify your physician is known as implied consent. That means since you arrived in need of treatment and you were incapacitated, the doctors could assume that you consented to reasonable amount of medical treatment to make sure you were ok.
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