Legal Question in Medical Malpractice in California

If I do not consent to a drug test (ie a search), and considering Ferguson v. City of Charleston - is it legal for a pain management doctor to deny me medical care when I refuse to take a drug test?

Lets be clear. I am not consenting to any search. I am being denied medical care if I ask for my 4th amendment rights to be upheld.


Asked on 3/03/12, 3:42 pm

1 Answer from Attorneys
George Shers Law Offices of Georges H. Shers

Since no one has responded, even though know little about criminal law, and have not read the cited case, I would think that is is reasonable for a physician to try to fine out what medications you are on before giving you additional medication that might have a negative reaction with drugs you might be taking.

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Answered on 3/03/12, 10:30 pm


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