How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask Law Educator, Esq. Your Own Question
Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Employment Law
Satisfied Customers: 110357
Experience:  20+ Years of Employment Law Experience
Type Your Employment Law Question Here...
Law Educator, Esq. is online now
A new question is answered every 9 seconds

I was wrongfully failed on a disa drug test and I went to

Customer Question

I was wrongfully failed on a disa drug test and I went to the dentist for 3 weeks in a row getting 2 root canals and a filler was in pain the whole time they gave me lidocain and the body's own way of fighting pain made me test positive for cocain I need to clear this up!
JA: Can you tell me what state this is in?
Customer: Houston tx
JA: Have you talked to a lawyer yet?
Customer: No not yet I have emailed several lawyers but none have answered me!
JA: Anything else you think the lawyer should know?
Customer: They also gave me amoxicillin but that was in the first 2 weeks! I'm 45 yrs old and my body doesn't clean itself as fast as it used to and I take a lot of vitamins for energy!
Submitted: 2 months ago.
Category: Employment Law
Expert:  Law Educator, Esq. replied 2 months ago.
Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.
In order to fight the positive drug test you have to file an appeal to the medical review officer with copies of all of your medical records and a report from your dentist regarding the amount of lidocaine and how it can show up as cocaine. I am afraid though that according to the Physicians Desk Reference, lidocaine is a completely different chemical structure and does not cause false positives for cocaine and he body does not produce the chemical footprints of benzoylecgonine (cocaine). See also:
However, many dentists and eye and nasal doctors still do use compounds that contain some cocaine in their treatment, so you need to have that discussion with your dentist as well, because whether or not you will win your appeal based on that argument will be based wholly on what your dentist or some other medical expert can testify to regarding the lidocaine causing false positive. It could also be some other medications you were taking besides the lidocaine which your doctor needs to determine in order to void the test.
Customer: replied 2 months ago.
I took amoxicillin for 2 weeks everyday b 4 I took the drug test! Doesn't the body produce it's own pain killer that comes out on a drug test as cocain!
Expert:  Law Educator, Esq. replied 2 months ago.
Thank you for your reply.
I am afraid that the body does not produce anything that would test positive for benzoylecgonine and that is why I provided the link above to you so you can read the medical journal article that explains the false positives and what could or could not cause them. Amoxicillin would not produce it either, but again, that does not mean there was not something else mixed in what the dentist gave you that was either cocaine or some derivative.

Related Employment Law Questions