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Phillips Esq.
Phillips Esq., Attorney-at-Law
Category: California Employment Law
Satisfied Customers: 17463
Experience:  B.A.; M.B.A.; J.D.
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My name is ***** *****. I have been using prescribed

Customer Question

My name is ***** *****. I have been using prescribed marijuana strictly for sleeping for some time now. It has cut down my prescription use by half. I have been told that I may need surgery for my foot problems. With the new drug testing law for patients who are Californians that take prescription drugs, will my doctor look for THC in my pre operative blood screening now that marijuana is regularly checked at the prescribing doctor's office?even if you
JA: Thanks. Can you give me any more details about your issue?
Customer: I have had 5 back surgeries. 1. L4/L5 artificial disc replacement. 2. l Fusion C4-C6. 3. L4/L5 artificial disc removal. 4. L4-S1 fusion. 5. Surgery to correct nerve damage from previous surgery.
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Customer: I was hit by a truck when I was walking on the sidewalk when I was 14. Had to have the surgeries after many pain relieving procedures didn't work. The back surgeries started from 2005-2008. Now I have foot damage from breaking my toes due to neuropathy and podiatrist is talking about possible surgery.
Submitted: 9 months ago.
Category: California Employment Law
Expert:  DrThomasMd replied 9 months ago.

Hello

Not sure what your medical question is here.

The doctor has no reason or right to order a tox screen [drug testing] without your permission.

In addition, you should never keep any information of drugs being used from a surgeon.

This might interfere with the results of anesthesia.

This is not something you keep to yourself.

your surgeon must know all drugs that you use, in order to insure a safe surgery.

OK, so that is an initial answer….

Please use reply to expert if you have further questions. When you are ready, please click a positive rating [hopefully excellent]. If you forgot something, come back. I am here daily.

Customer: replied 9 months ago.
I was forced to sign a permission letter stating they can test me at any time in regards ***** ***** pain specialist prescribing pain meds. *this is before I learned that they charge the patients for the test ($200 and that's with med. insurance.)
I plan on not using if surgeon gives me time to detox from the marijuana. My question was just in case the surgery was done before the marijuana has left my system.
My previous question was probably unclear, sorry about that,I'm in pain riggt now from going ro my doctor's appt and can't concentrate well. I dont use pot for daytime pain, only once at night to sleep.
I digress, because of the new California law on mandatory drug testing patients, do surgeons automatically test for THC? Again, I plan to stop the marijuana if and when the surgery is scheduled..
Expert:  DrThomasMd replied 9 months ago.

Hi

That is a legal question, not medical

I will opt out for someone else to help you

Customer: replied 9 months ago.
I completely understand :0). Thank you for your time.
Expert:  Phillips Esq. replied 9 months ago.

A surgeon cannot specifically test for THC. However, as you know, before any surgery, you have to go to "pre-op" testing and you would be asked to complete questionnaire and disclose all medications that you are on including any supplements that you are taking to ensure that these medications and supplements will not adversely affect your surgery. For your safety, you must make full disclosures on the questionnaire and on any interview you have with the surgeon's or the hospital's staff. Otherwise, you would be jeopardizing your life.

For medical marijuana information, click on the link below:

https://www.cdph.ca.gov/programs/MMP/Pages/default.aspx

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