Legal Question in Medical Malpractice in California

Starting to think nobody can answer just the question without adding their own addendum's that make my question inaccurate:

If I do not consent to a drug test (ie a search), and considering Ferguson v. City of Charleston - is it legal for a pain management doctor to deny me medical care when I refuse to take a drug test?

Lets be clear. I am not consenting to any search. I am being denied medical care if I ask for my 4th amendment rights to be upheld.

I am not asking if the doctor has cause to test me, or if he has the right to ask for the test. I am asking if a doctor can stop treating a person for refusing to submit to a drug test - please read the cited Supreme Court case in which it was found to be unlawful to test pregnant women for cocaine without their consent.

My only question is: "is it legal for a pain management doctor to deny me medical care when I refuse to take a drug test?"

Please do not respond if you are not sure of your answer, please do not take up answer space if you are not well versed on the subject matter. Any citations provided will be thoroughly researched. And please ask yourself this before you answer, would you stop treating a person with a heart condition if they refused the same? (rhetorical, please only answer the question in the above paragraph.)

Thank you,

A concerned patient in horrible debilitating pain.


Asked on 3/03/12, 11:16 pm

5 Answers from Attorneys

Armen Tashjian Law Offices of Armen M. Tashjian

The doctor doesn't have to treat you, unless you're brought to the ER and the doctor works there. The slavory is over. So, no the doctor doesn't have to treat every person who walks into his office.

As for being tested against your will, you have the right to refuse the test. No one can force you, except if there is a court order.

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Answered on 3/03/12, 11:39 pm
Michael Stone Law Offices of Michael B. Stone Toll Free 1-855-USE-MIKE

Your pain doctor is not a government employee, so forget about the 4th amendment. He is a private businessperson and he has the right to refuse service to anyone except for illegal reasons such as racial or ethnic discrimination. We get it that you benefit from smoking medical cannabis. The doctor probably perfoms "drug tests" to cover himself from legal malpractice liability, and to detect people who use narcotic drugs other than what he prescribes. He may also, rightly, fear being hassled by the drug enforcement authorities who have, rightly or wrongly, hassled or arrested many pain management doctors. Best guess he does not care all that much about cannabis. The best way to find out is to ask him. Be sure to tell him you do not want your discussion about cannabis charted in your medical records. Maybe you will find your fears are unfounded. Maybe not. If not you could ask for a referral to a pain doc who allows patients to also use medical cannabis. Best of luck.

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Answered on 3/04/12, 12:04 am
Terry A. Nelson Nelson & Lawless

"is it legal for a pain management doctor to deny me medical care when I refuse to take a drug test?"

YES, for the last time. YES.

There are only so many ways of saying it, trying to get you to understand. You have no 'right' or 'entitlement' to his services except on his terms. Just like any other business, he can refuse service to whomever he pleases, for whatever reason he pleases, including you having a bad or demanding attitude toward him, or refusing his requirements and requests. The customer is NOT always right, or to be obeyed.

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Answered on 3/04/12, 12:42 pm


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