Can a physician be commanded to run a medical test? For example, can the court or even the hospital CEO order a physician to run a laboratory or radiology exam?
Hell no!
That would be against the 13th amendment.
The only exception might be in the military. But I doubt it.
I'm in a different field (dentistry).
I concur. Not sure about the 13th. I would agree things are different in the military except for one thing. I pay for my own license. That makes it my license and not Uncle Sam's. I can't be ordered how to use but I can be order to assess and evaluate a patient. I cannot be ordered to treat btu will be judged based on my peers (standard of care).
I did not know that distinction existed, but it makes sense. Out of curiosity, and feel free to decline to answer, do you have to carry your own malpractice insurance for the same reason?
Malpractice insurance is not a requirement to practice medicine. Slightly different. Only in rare states is it required.
Gotcha, thanks.
The military, states, and many hospitals provide it as a means of compensation and to pay less.
For a few tests, that technician could be me. I would hope that our doctors wouldn't be forced to order a test or procedure that they didn't think would benefit the patient or were ethically opposed to. As a technician level employee, do I have the same right to not fulfill orders I might object to?The original question needs clarification. Most physicians do not run the test or take the X-ray. There are technicians for that. The physician orders the test and interprets the results.
I have seen court orders to draw a BAC and drug screen. Our physician still inputs the order in the computer or verbalizes the order for the draw before we are allowed to do it. Although these are standard tests for trauma patients, the doc might just call out to draw a "trauma panel" and we know what that means per protocol. PD needs the test done a certain way for a court case, which is where the court order generally comes in.Not all situations require a physician order for a test. For example, in most states as a condition for getting your drivers license you give the state permission to determine your blood alcohol level, no physician involved.
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In most states, there is a proscription against the corporate practice of medicine. For example, a large hospital chain’s CEO or Board of Directors cannot across the board order that an MRI be done on every patient. Doing so would be great for their bottom line and many hospitals or hospital medical groups have hidden internal pressures to encourage their docs to do the ordering. But in the end it’s the individual physician who is required to use their medical judgment as to whether to order a test. In most states there are laws that mandate physician reporting of a condition to a governing authority (TB, COVID-19, sexually transmitted diseases, measels, plague, hantavirus, for example) but that‘s not the same thing.
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How does this relate to current corporate policies (in some places) that everyone who is coming in for treatment must have a COVID test? For example, my niece had to be in town for two extra days last month because she needed a COVID test before going in for a cancer treatment. Other hospitals in that system test all incoming patients, and I think Chuck mentioned that policy in one of his posts.
CW,Can a physician be commanded to run a medical test? For example, can the court or even the hospital CEO order a physician to run a laboratory or radiology exam?
CW,
The answer to your question is an unequivocal "no." As an ER doctor, I am often presented with patients in the company of police officers for an alcohol or drug check. If the patient does not consent, we are ABSOLUTELY not allowed to do the tests. There are criminal penalties associated with refusing the tests, but I ABSOLUTELY may not test anyone who refuses.
We also occasionally get someone sent in by their workplace, including our own, for sobriety checks. Again, if the patient refuses, no test.
What happens between you and your employer, or between you and the police, for refusing a test has nothing to do with me. As for employers wanting COVID tests on employees, again, I can only do that with patient consent.
Very simple, very straightforward.
By the way, thanks for all the great info you've been providing folks here on the forum. I'm sure it turned out to be a bigger task than you bargained for at the beginning but, clearly, a large number of people have gotten huge benefit from it. That's REAL doctoring my friend! Kind of what we all thought we'd do when we were applying to medical school. Kudos, CW!
CW,
The answer to your question is an unequivocal "no." As an ER doctor, I am often presented with patients in the company of police officers for an alcohol or drug check. If the patient does not consent, we are ABSOLUTELY not allowed to do the tests. There are criminal penalties associated with refusing the tests, but I ABSOLUTELY may not test anyone who refuses.
We also occasionally get someone sent in by their workplace, including our own, for sobriety checks. Again, if the patient refuses, no test.
What happens between you and your employer, or between you and the police, for refusing a test has nothing to do with me. As for employers wanting COVID tests on employees, again, I can only do that with patient consent.
Very simple, very straightforward.
By the way, thanks for all the great info you've been providing folks here on the forum. I'm sure it turned out to be a bigger task than you bargained for at the beginning but, clearly, a large number of people have gotten huge benefit from it. That's REAL doctoring my friend! Kind of what we all thought we'd do when we were applying to medical school. Kudos, CW!
#2 is implied consent. It is assumed that someone unable to consent for care, would consent if they were able to. We try to figure out the patients's wishes with the limited information available to us in the time it takes to make these decisions. Flawed, yes, but you err on the side of saving a life.
#1 EMTALA laws and human decency require us to stabilize life threatening conditions and arrange transport to a suitable hospital when someone arrives at an ED. A Covid test would / should be deferred until the patient was more stable.
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