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ChocolateReigns's avatar

Could someone please explain this legal question?

Asked by ChocolateReigns (5624points) December 30th, 2010

There are two different clinics that we can go to – one that’s 45 minutes away and one that’s 20 minutes away. The one farther away is way nicer and they have this service that the other one doesn’t. The service is that you can walk in and say “Hi. I need a strep test. Here’s my money.” and they’ll do it. You can get pretty much any lab work done that way, without the doctor ordering it or even knowing about it. Apparently the closer one chose not to do it because the doctors can be liable for it. How can they be liable for something they have nothing to do with? Could someone please explain the thinking behind suing the doctor, who didn’t have anything to do with it, for something that happened with the test? This makes no sense to me!

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8 Answers

JLeslie's avatar

I would guess if something went wrong during the test the doctor could be accused of preforming an unnecessary test. Probably, the doctor just uses the rule for all tests, without differentaiting where it really needs to apply. Also, he makes more money if he can charge you for a visit and a test. I have a feeling it is the money in this case.

diavolobella's avatar

If one clinic is a walk-in lab (more or less) they can offer testing services, but are not obligated to follow up. If the other clinic is a traditional doctor’s office type clinic and they give you a test and you test positive for something and they do not follow up with treatment, they can be sued by you later for malpractice. They don’t want to give tests and allow you to walk away for that reason. Say you got the test, didn’t have them treat you and you had serious medical repercussions later. You could sue them, claiming they knew you were sick, knew the risks and didn’t tell you or treat you or whatever. Their malpractice insurance carrier probably has rules that they are following to avoid that happening.

It could also be that both clinics are traditional doctor’s office type clinics but that one is less willing to risk a malpractice case than the other.

ChocolateReigns's avatar

@JLeslie that makes sense. I wonder why I didn’t think of that!
@diavolobella OK. That makes sense.

JLeslie's avatar

@ChocolateReigns I want to be able to order my own tests also. If I am willing to pay, I think I should be able to do whatever I want. Maybe have a waiver for me to sign, releasing them from liability if there is not a doctor prescibing the test. I like my endocrinologist because she lets me walk in at any time and get a blood test for whatever I think is necessary. However, I do not go there every week in a panic. She still has to sign off on it, but she does not make me come in for an appointment with her every time I think I need a blood test.

Cruiser's avatar

Read the paperwork you have filled out at both facilities as their policies for their procedures should be spelled out pretty clearly.

diavolobella's avatar

There are some places opening these days that are just walk-in labs. One just opened where I live and it’s called Any Test.

Kayak8's avatar

There may be a significant difference with the clinics in that one may actually be a clinic (with doctors, etc) and the other is, essentially, a lab. The lab can give you results with the range of “normal” values. This would be helpful for any number of tests for a savvy consumer of healthcare services, but their are other tests that should be done through a doctor’s office so the results can be explained.

snowberry's avatar

You can order lab tests of all sorts yourself without a doctor’s note. Do a Google search for “affordable lab work”. You will find quite a large number of options. If you have the results sent straight to your home, you pay a low fee. If you want the results sent to your doctor, expect to pay premium prices.

It works like this. You pay the lab, and they contract with a local lab to draw your blood, take your urine, or whatever. They either process the test for you and send the results to your lab company, or just send the sample to your lab, and they send you the results. I think it depends on the company whether it gets processed locally or not.

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