Legal Question in Discrimination Law in United States

i asked my obgyn to run test on me to see if im fertile and able to get pregnant. she told me to my face she didnt want to cause im 'not trying to get pregnant'. im letting things come as they happen. i want to know if i am able to conceive. so can i sue her for not giving me the test i wanted. it is my body and i want to know. i have a right.


Asked on 10/01/10, 12:47 pm

5 Answers from Attorneys

Anthony Smith LawSmith

You could theoretically sue under the facts you described. But, it is unlikley that you will find an attorney to take such a case on a contingent fee basis. That means you would be paying as you go. Tht is becaus eyou are nto likely to get anything in teh way of money damges from the doctor or thier practice group. The weakness of your case is that you did nto suffer any damges that the law recognizes as compensable. Under the facts you described, you did not become pregnant when you were told you were infertile. Under the facts you described, you wre free to go to another doctor to fidn out if you are fertile. Your OD probbly meant, I am not going to run the test you want, becuase your insurer will not pay for it when you aren't activley trying to get pregnant. If you tell your OB that you are willing to pay cash for the test(s) they might run it for you.

Good luck

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Answered on 10/06/10, 1:06 pm
Terry A. Nelson Nelson & Lawless

You have a 'right' to go pay another doctor to do what you seek. That treating doctor has a right, just like any business, to refuse service to anyone they choose, unless it is a medical emergency, or unless it is a discrimination issue covered by the Civil Rights laws. This wasn't.

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Answered on 10/06/10, 2:09 pm
Nick Pizzolatto, Jr. Pizzolatto Law Office

Since you did not specify a State for your question, I assume you are seeking to write a paper or something like that for your school work. It seems illogical that a physician would refuse to perform a test that was requested, if such a test is available, unless the test were dangerous to the patient's health or was totally unnecessary.

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Answered on 10/06/10, 4:04 pm

You don't have a right to a medically unnecessary test.

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Answered on 10/06/10, 5:22 pm
William Morrison Action Defense Center

De Minimis NonCurat Lex

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Answered on 10/06/10, 8:08 pm


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