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More than 80,000 chemicals available in the United States have never been fully tested for their toxic effects on our health and environment.
If you actually believe that then you've either never had children or are just extremely ignorant about why people become doctors.
The U.S. Supreme Court has addressed the issue of drug testing maternity patients only once, in Ferguson v. Charleston in 2001. The justices found that a policy at a South Carolina public hospital to involuntary test women (in this case, almost exclusively black) and turn positive results over to law enforcement solely for prosecution purposes violated Fourth Amendment protections against search and seizure.
“The reasonable expectation of privacy enjoyed by the typical patient undergoing diagnostic tests in a hospital is that the results … will not be shared with nonmedical personnel without her consent,” Justice Anthony Kennedy wrote in his majority opinion.
Legal Drug-Testing Policies
Based on the Supreme Court's decision in Ferguson and recommendations from leading medical organizations, hospitals are now able to craft drug testing and treatment policies that are both constitutional and ethically sound. First, medical professionals should know that, if they perform testing for the specific purpose of gathering evidence of criminal conduct by patients, they have an obligation to inform the patients of their constitutional rights to protection from unreasonable search and seizure . Hospitals that fail to inform patients of their rights may be open to civil liability for monetary damages. Second, testing policies that are developed with law enforcement agencies, employing their protocols, are more likely to be deemed unrelated to treatment and thus be perceived as being used only to further prosecution. To avoid such categorization, hospitals should develop testing procedures based on medical care and treatment options, independent of police or prosecutors. Third, as Lisa Harris and Lynn Paltrow note, "no state authorizes or expects physicians to use medical evidence of addiction for criminal prosecution" .
The Supreme Court recognizes that a physician's duty is to provide sound medical treatment to his patient, not to act as an extension of law enforcement. Physicians serve medical—not legal—roles in the treatment of pregnant women. Health care professionals who act on behalf of the state rather than for their patients breach the ethical duties of the patient-physician relationship. Such a breach erodes confidence and trust in the medical community, resulting in poor disclosure by patients, which, in turn, may dramatically reduce the efficacy of diagnosis and treatment. Physicians' duty of care lies first and foremost with the patient. Ultimately, to preserve constitutional rights and the ethical patient-doctor relationship, drug testing policies should encourage open communication between patient and physician, emphasize the availability of treatment options, and advocate for the health of woman and child.
originally posted by: raymundoko
Ahh, but Bob's family sued the doctor. It happens ALL THE TIME.
a reply to: ladyvalkyrie