Legal Question in Health Care Law in New Mexico

I am a 22 year old woman who just recently became sexually active for the first time a few months ago. As a result, I went in search of a form of birth control that I'd be comfortable with. I found a doctor who prescribed me a pill, which I've been on now for 4 months, with no problems and no side effects of any kind. I couldn't be happier about that. However, my doctor is now saying that she will NOT give me any more prescriptions for the pills unless I have a pelvic exam (Pap Smear and Breast Exam). Naturally, the thought of this is is not just distasteful...for me, it's down right violating, and I absolutely do not want to have this done at this point in my life. My question is...Does my doctor have the legal right to deny me birth control, simply because I wont submit to having this exam?


Asked on 1/11/10, 4:32 pm

1 Answer from Attorneys
Charles Aspinwall Charles S. Aspinwall, J.D., LLC

You are being foolish. Early detection of STD's, breast cancer and other female disorders is what saves lives. You are not too young for these things, particularly a breast exam. Yes, your doctor can impose whatever medically-recognized and appropriate restrictions she finds appropriate. However, if you think you know more than she does, then find another doctor who you think knows more than you do.

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Answered on 1/19/10, 8:11 am


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