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Procedure done without consent -- gynecological exam, unnecessary testing

This is a discussion on Procedure done without consent -- gynecological exam, unnecessary testing within the Medical Malpractice forum, part of the HEALTHCARE LAW & MALPRACTICE category; I live in California. Upon the recommendation of my internist, I saw a specialist for a hormone-related problem. On the ...

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Old May 10th, 2011, 07:26 PM   #1
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Default Procedure done without consent -- gynecological exam, unnecessary testing

I live in California. Upon the recommendation of my internist, I saw a specialist for a hormone-related problem. On the day of the appointment, the nurse instructed me to go to the bathroom and leave a urine sample. I explained that I was there for a gynecological issue and did not have a urinary tract infection nor any bladder symptoms whatsoever and, therefore, did not need a urinalysis and culture. Since I did not deem this test necessary and nobody explained otherwise, I thought that was the end of it.

Instead, while I was laying on the exam table half undressed and the doctor was supposedly conducting a gynecological exam, she inserted a catheter into my bladder. This caught me totally by surprise as
nobody discussed this with me or asked me beforehand whether I was willing to undergo the procedure.

The test turned out to be totally unnecessary as the lab results were negative. However, I just received a bill which includes $337 in additional charges for this procedure which took a minute and was done without my consent.

Is this legal? Can a doctor do this type of invasive procedure without obtaining your approval? And can I be held liable for the charges?
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Old May 11th, 2011, 12:21 AM   #2
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Default Re: Procedure done without consent -- gynecological exam, unnecessary testing

It seems that your doctor should have first explained to you as to why she needs that test to be conducted? You should be informed before conducting the test and get your consent too. Every test should be conducted with the consent of the patient or their relatives (if the patient is not in a position to give consent). Doctor has a duty to explain to the patient relating to his/her disease, possible test to be conducted, medicine to be applied etc. In your case the doctor simply conducted the test without your consent. You send a registered notice to the doctor claiming the money back for the unnecessary test done on you. If she has not refunded, then you can file a suit before the small claims court for reimbursing the test charges.
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Old May 11th, 2011, 12:32 AM   #3
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Default Re: Procedure done without consent -- gynecological exam, unnecessary testing

I wish to inform you that as test were performed on you while you ave refused to have such a test therefore you cannot be billed for the amount of test. In this regard you can write a reply to demand by other party that as you were tested against your will therefore you cannot be billed for forceful test conducted on you. You may also claim compensation for testing being performed on you without your approval and without any need.

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Old May 23rd, 2011, 02:42 AM   #4
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Default Re: Procedure done without consent -- gynecological exam, unnecessary testing

You and claim for the refund of money as the doctor do not ask you before doing this.. As you have mentioned its totally unnecessary, so you should ask for the illegal charges. If they do not refund it you can even file lawsuit against them.
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