What to Do If Your Doctor Orders Unnecessary Tests
Medical testing often plays a vital role in the diagnosis and treatment of a wide variety of health conditions. Whether it’s a basic flu or strep test or a more intensive procedure like a biopsy or MRI, a medical test is often one of the first steps in a patient’s care plan and lays the foundation for future intervention and treatment. But what happens when doctors order tests that aren’t actually necessary or appropriate?
If you suspect that a doctor or other healthcare professional ordered unnecessary tests when diagnosing or treating you, it’s important that you take steps to understand your rights and have your voice heard. Let’s discuss how and when unnecessary tests may serve as the basis for a medical malpractice claim and explore some of the legal options available to patients who have been harmed by unethical medical practices.
When are medical tests considered unnecessary?
Diagnostic medicine isn’t always an exact science and is often reliant on a number of different assessment tests and tools. While many diagnostic protocols require the use of lab tests, imaging tests and other evaluation tools, it’s surprisingly common for providers to order testing that is not actually needed for diagnosis. In fact, research studies suggest that roughly 40-60% of medical tests could be considered unnecessary. Unnecessary medical testing isn’t just inconvenient – it’s unethical and can cause patients serious long-term physical, emotional and financial harm.
In the healthcare field, a test is considered unnecessary if a provider orders it without an obvious medical reason. Even though diagnostic medicine can be tricky, there are certain guidelines and protocols in place to help steer providers in the right direction. If a physician orders a test that is not clearly indicated based on the facts of a case, they may face professional or legal consequences.
Here are a few scenarios that might be considered examples of unnecessary medical testing:
- A doctor forces a patient to undergo multiple MRIs for the same issue even though the patient’s symptoms have not changed
- A physician orders a lab test for a patient that has nothing to do with their presenting symptoms or medical history
- A provider wants a patient to undergo screening for rare conditions even though the patient has no relevant symptoms or risk factors
- A doctor compels a patient to consent to medical testing without first informing them of the associated risks and alternatives
While we all want to believe that medical professionals take seriously their oath to “First do no harm,” the sad reality is that unnecessary medical testing is a pervasive problem within the healthcare field. While some unnecessary testing can be attributed to poor clinical judgement or unintentional oversight, some cases involve more sinister motives like finances, prejudice or medical exploitation.
Do doctors get paid for ordering tests?
While not all physicians directly benefit from ordering tests, certain incentives may exist, particularly if a doctor is directly linked to a specific laboratory or imaging facility. Some doctors also receive compensation on a fee-for-service basis rather than a fixed salary. If a doctor charges a fee for every test they perform, they may be able to drive up their personal profit by tacking more services onto a patient’s visit.
Some of the most common motivations for unnecessary medical testing include:
- Defensive medicine: To stave off the threat of a medical malpractice suit, some doctors order extra tests to “cover their bases” in the event of a lawsuit.
- Revenue generation: Some facilities and individuals benefit financially from pushing additional medical services onto patients.
- Saving time: Rather than thoroughly evaluating a patient, some doctors use tests to speed up the diagnostic process with less active patient care required.
- Poor communication: Doctors may order tests without fully explaining their purpose or asking for consent or may fail to listen actively to a patient’s needs, thus resulting in incorrect or unnecessary testing.
While unnecessary testing is not typically conducted for malicious reasons, it can still cross the line into unethical or even negligent territory if it leads to harm or is done without a patient’s informed consent.
Is unnecessary testing dangerous?
Many patients assume that extra tests can’t hurt, but unfortunately that isn’t always the case. Meritless medical testing can lead to unnecessary radiation exposure that poses long-term health risks. It can also lead to false positives, misdiagnosis and inappropriate treatments that may further exacerbate a patient’s current condition or result in the development of new health challenges.
Additionally, unnecessary testing often places undue financial strain on patients who are asked to pay for services they didn’t actually need. The combination of new or worsening symptoms, inappropriate procedures and sky-high medical bills can all cause serious harm to patients and their families. In these cases, patients may be within their rights to file claims for compensation related to their economic and non-economic damages.
My doctor ordered tests without permission: Was it legal?
Patients have the right to know and consent to any and all medical tests and procedures they receive. If a doctor orders a test without their patient’s permission – particularly one that is invasive or costly –it could open them up to both professional and legal consequences.
Laws around informed consent vary by state, but most jurisdictions require that:
- The test serves a legitimate medical purpose.
- Doctors provide patients with comprehensive information about the purpose, risks and alternatives to the test(s) they are considering.
- Patients voluntarily agree to the test after being provided with all the relevant facts.
If a doctor fails to adhere to these requirements, it could be considered negligence or – in some cases – medical battery. An experienced medical malpractice attorney can help patients better understand their rights when it comes to medical testing and work to assess whether or not a patient may have been subjected to medical testing without their informed consent.
What to do if you suspect unnecessary testing
If you think your doctor ordered unnecessary tests, here are a few steps to take as soon as possible:
Step 1: Ask questions
Before a test is even ordered, you are well within your rights to ask your doctor important questions like:
- What is the purpose of this test?
- Are there any approved alternatives?
- What are the potential risks associated with this test?
- Is this test essential right now?
- Why do you feel this test is indicated in my case?
A good provider should attempt to provide this information proactively and without being asked, but at a minimum they should be willing to answer your good-faith questions without hesitation.
Step 2: Get a second opinion
If something doesn’t feel right, it’s okay to trust your gut. You can seek a second opinion from another qualified medical professional to determine whether or not another physician would agree that the tests in question are medically justified.
Step 3: Review your medical records
You have the legal right to request and review your medical records – particularly if you believe a test may have been performed without your knowledge or consent. Reviewing your history may help clarify whether a test was redundant, unwarranted or undisclosed and help you gather the information you need to take further action.
Step 4: Watch for billing red flags
Your medical bills often contain important information about your medical and care history. If a test appears on a bill but you don’t remember authorizing it, you can contact your provider or insurer for clarification.
Step 5: Report the incident
If you believe a test was ordered unethically or fraudulently, you can file a complaint directly with the hospital or medical facility as well as with your state’s medical board. You should also report the incident to your insurance provider as soon as possible so there is a clear record of your complaint. All of these entities can investigate the provider’s conduct and determine if further action is warranted under the law.
Step 6: Contact a medical malpractice attorney
If you suffered harm as a result of unnecessary testing, a medical malpractice attorney can help you fight for compensation and accountability. They can assess your case, review your records and speak to your insurance to determine whether or not your provider likely violated the standard of care.
Unnecessary testing and medical malpractice claims
If, after following the steps above, your medical malpractice attorney determines that your provider caused you harm by violating an accepted standard of medical care, they may advise that you file a medical malpractice claim against the provider or facility. Your attorney will help you fight for compensation intended to cover the costs of any medical bills, mental healthcare, lost wages or emotional pain and suffering you incurred as the result of unnecessary medical testing.
The statute of limitations in medical malpractice claims can be surprisingly short in many states. In Ohio and Kentucky, for example, injured parties are only given one year to file malpractice claims. Subsequently, it’s vital that you act quickly to secure a medical malpractice lawyer and start building your case for compensation.
If you believe medical tests were performed on you without cause or without your informed consent in Ohio or Kentucky, the team at Crandall & Pera Law, LLC is here to help. Our compassionate team of medical malpractice attorneys understand exactly what it takes to help victims of medical negligence and abuse fight for justice and work towards recovery – both physical and financial. Give us a call or contact us online today to schedule a free consultation with a member of our team.