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socrateaser
socrateaser, Lawyer
Category: Legal
Satisfied Customers: 38882
Experience:  Retired (mostly)
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Is it legal doctor to swab DNA without informing

Customer Question

Is it legal for a doctor to swab for your DNA without informing you first, and asking for your consent? If not where would I find an Attorney to take on such a case. I live in St. Louri,Mo. area.
Submitted: 1 year ago.
Category: Legal
Expert:  P. Simmons replied 1 year ago.
Hello! My name is ***** ***** I am a licensed attorney with more than 18 years of experience. I am here to assist you with your questions. Please understand that if I ask you for additional information, you are NOT charged again and our communications are NOT timed. So please see this as a relaxed conversation between friends. I am here to helpAlso, if you would like to chat on the phone, let me know and I can make that happen. This depends...what was the purpose of the sample?
Customer: replied 1 year ago.
They told me it was for research on the affects of meds on DNA, but after I was swabed. I am not on many drugs. I would think if I was going to be a test subject, I should have been told prior to the swab.
Expert:  socrateaser replied 1 year ago.
Hello, Different contributor here. Please permit me to assist. If you are seeing a physician for personal health care reasons, and the DNA swab is being use for the purpose of diagnosis and treatment, then that is a legal medical procedure. If the procedure has nothing to do with your personal health care, but rather is solely for independent research purposes, and you were provided with the opportunity to give your informed consent to the test, then the DNA swab would be a civil battery (i.e., a harmful or offensive touching without privilege or consent), and you could sue for the invasion of your rights. I hope I've answered your question. Please let me know if you require further clarification. And, please provide a positive feedback rating for my answer (click 3, 4 or 5 stars) -- otherwise, I receive nothing for my efforts in your behalf.Thanks again for using Justanswer!
Expert:  socrateaser replied 1 year ago.
Whoops. Sorry, but I left out an important term. The following sentence from my answer should read: "If the procedure has nothing to do with your personal health care, but rather is solely for independent research purposes, and you were not provided with the opportunity to give your informed consent to the test, then the DNA swab would be a civil battery...." Thanks again for using Justanswer!
Customer: replied 1 year ago.
The swab had nothing to do with my health problems. I was not told before hand, I was being swabbed for DNA, I thought I was being swabbed for a sore throat. I did think it was odd that my sore throat was two months prior. When I was swabbed on the inside of both cheeks, I ask what it was for. I have been concerned every since. I feel this was done very sneaky. I have continued to re-visit this doctor, each time asking for my DNA results, I wanted to be sure to be able to prove what was done. I got the impression they were nervous once I questioned them.
Expert:  socrateaser replied 1 year ago.
Welcome back! What you're alleging certainly appears to me to be a civil battery (harmful or offensive touching without consent or privilege). If there is no consent form in your file, then the physician will be presumed to have taken your DNA without either consent, or medical necessity. And, that makes for a lawsuit, should you choose to proceed. I hope I've answered your question. Please let me know if you require further clarification. And, please provide a positive feedback rating for my answer (click 3, 4 or 5 stars) -- otherwise, I receive nothing for my efforts in your behalf.Thanks again for using Justanswer!