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Samuel II
Samuel II, Attorney at Law
Category: Criminal Law
Satisfied Customers: 27011
Experience:  Handle criminal matters in both state and federal courts.
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If you have to do a urine test for your M.D. for your narcotic

Customer Question

If you have to do a urine test for your M.D. for your narcotic intake. Making sure you are taking the meds that are prescribed and none others. The test came back that the patient (pt.) wasn't taking ANY of his percocet and he is taking not just the valium prescribed but also another benzo. but can't tell him which one it is, because the test isn't that accurate. Also, this pt. has been taking both these meds for ten+ years. He could seize and die, suffer extreme withdrawal and tons of undue stress. The pt. want's to take another test now. The lab said no because they need an M.D.'s order. Isn't the lab obligated to take the specimen and save it until they can get an order? Where does the labs liability start and end. They have made an error (we know that) that is causing a huge amount of undue stress, pain and suffering for the pt. and refuse to retest him. Now I know they need an M.D.'s order and the primary physician is out of the office. But isn't the clinic also liable to not "knowingly cause any suffering, mentally and/or physically" to any pt. they are responsible for? Whose the worst bad guy and what does he do next?
Submitted: 6 years ago.
Category: Criminal Law
Expert:  Samuel II replied 6 years ago.



No. There is no legal obligation for the lab to do a test at a patient's request/demand. Unless the patient can show that there was an infraction in the chain of command or an intent to deliberately report the testing correctly, there is no recourse. These false positives or negatives happen a lot, unfortunately. No test in infallible.


Once the M.D. is able to re-order the test, then it can be completed. Labs must adhere to the regulations.


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