Legal Question in Medical Malpractice in Illinois

Unauthorized genetic testing

I went to see my son's doctor for a school physical.The doctor wanted to test his cholesterol and testesteron level ,since he gained some wait, and fat tissue around his breasts.

I received a bill of over 5000 Dollars, which most of it the insurance paid,but as it turns out after my initial shock over the bill,and some investigating,the doctor performed a genetic chromosome test without my knowledge and permission.

Can a doctor perform a genetic test without my permission and knowledge about it whatsover?

What if his health record would be damaged, because of this test, and what should I do or can I do about it?

I'm an RN nurse and would have never allowed this kind of test.My son has high funcioning autism, the doctor wanted to test his chromosomes, without getting me worried,that is what she said,when I confronted her???

Makes absolute no sense to me.

Thank you for your help.


Asked on 10/14/08, 12:16 am

1 Answer from Attorneys
Nima Taradji Taradji Law Offices

Re: Unauthorized genetic testing

Sorry to hear about what the doctor has done. It does not make sense to me either. From the outset, this does not appear to be a medical malpractice case since there is no personal injury involved.

The only causes of action I can see (and they are very remote) is 1) battery -- which is when a doctor performs an unwanted and unauthorized procedure on a patient--other than in an emergency or in some cases where he or she must; and 2) invasion of privacy and/or HIPAA violation.

In all those instances (except the invasion of privacy) you must show damages. How your child was damaged? Possibilities of future harm is not an item of damage.

Without damages, there is no case. In an invasion of privacy damages are presumed--that is without showing of damages there may be a symbolic $1 award. For anything more there has to be a reason for it and you must provide the reason.

I hope this helps-

Nima Taradji

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Answered on 10/14/08, 6:19 am


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