while pregnant getting prenatal care from a clinic i signed a form stating i did not want to be tested for hiv. notes were made to my chart about how adamant i was about not being tested. after about a month at a routine visit the doctor told me the results(negative) but i questioned why the test taken after i had formally refused it, the doctor looked through my chart and saw that the test was refused and simply said she didnt know why the test was taken anyway. can i sue them for taking a test (that legally needed my consent)and disclosing the results that i had refused to have taken?
2007-01-17 03:16:57 · 9 answers · asked by yomom z 1 in Health ➔ Women's Health
thank you for responses but telling me get over it sounds stupid and whether it was invaluable information or not doesn't matter what matters is that i didnt want to know just like i dont want to know if i have cancer or any other fatal disease point is what i want and dont want its called autonomy and i had a right to refuse the test because i did not want to know the results. but thanks anyway guys.
2007-01-17 05:13:16 · update #1
And suing the clinic for providing you and your baby with invaluable information regarding your health status would be helpful how? When you sue, the ONLY person who wins is the lawyer, not you, not your baby, not the clinic. Do you have the money to get a lawyer? They don't work for free.
2007-01-17 03:21:21 · answer #1 · answered by LoneStarLou 5 · 2⤊ 0⤋
In most states you must prove that harm was done to you as a result of the error. You would be wasting your time trying to sue and I doubt an attorney with any ethics would take the case.
The medical community makes errors, but until the error has harmed someone they are negligent. The AMA might come to the office (or write a letter to the doctor in charge) telling them to create a policy whereby this type of mistake will be avoided in the future. That would be the extent of grief you would cause attempting a law-suit.
2007-01-17 03:28:19 · answer #2 · answered by Nancy O 3 · 0⤊ 0⤋
You can refuse an HIV test but WHY? YOu should want to know if you have any kind of disease or not. NO one wins but the lawyer. You should be thankful they gave you an HIV test. When you take a urinalysis, it can tell if you have any sort of disease or not and since you are pregnant, you take this test on EVERY doctor's visit.
2007-01-17 05:22:01 · answer #3 · answered by tantalizin1 5 · 0⤊ 0⤋
I'm stuck on why you would adamantly refuse HIV testing. In this day & age, that's just gross negligence. But that's not your question...... so here goes.
In the USA you can sue for just about anything. If a medical procedure was done without your consent and against your known wishes, then yes, you can sue.
2007-01-17 03:21:54 · answer #4 · answered by kja63 7 · 1⤊ 0⤋
Yes, you can. Law states that you cannot be tested for HIV without written consent from the patient. They're screwed.
2007-01-17 03:19:37 · answer #5 · answered by Anonymous · 1⤊ 1⤋
why go thru all of that? just get over it but thank God u cam out negative. u need to know if u have these diseases. it can harm ya baby ya know if doctors dont know u have AIDs then ya baby wudnt be treated to prevent the transmission of AIDs. just be thankful.
2007-01-17 03:20:46 · answer #6 · answered by CaribbeanChica 3 · 2⤊ 0⤋
All of the above and make sure you or your insurance company doesn't get charged for it.
2007-01-17 03:22:03 · answer #7 · answered by justme 6 · 0⤊ 0⤋
I think you should get over it and look at the bigger picture...Yes you can sue them but your really over reacting..Come on GET OVER IT ....
2007-01-17 03:45:42 · answer #8 · answered by ?Whiskey Girl? 4 · 0⤊ 0⤋
yes you can. chances are you're either getting some money or someone is out of a job
2007-01-17 03:20:23 · answer #9 · answered by MnKLmT 4 · 1⤊ 0⤋