Drug Testing

Paper Summary:

The paper discusses how, both from a moral and ethical perspective, the question of drug testing is complex. The paper explains that hospitals must ensure that every patient receives the best treatment possible, including those who have not yet been born. However, in medical cases where a pregnant woman is involved, the mother also enjoys a right to privacy, guaranteed by the Constitution and this is where the moral dilemma presents itself. The paper looks at the original Supreme Court ruling, Ferguson v. City of Charleston, where a city hospital turned over drug test results from a pregnant patient to the police for prosecution when they found evidence of drug use. The paper concludes that drug testing of pregnant women should continue but the results of their tests should remain confidential. The paper asserts that otherwise there will be implications for many other government interventions into Americans' private lives.

From the Paper:

"Morally and ethically, this question of drug testing is difficult at best. The original Supreme Court ruling covered the case Ferguson v. City of Charleston, where a city hospital turned over drug test results from a pregnant patient to the police for prosecution when they found evidence of drug use. The patients had no knowledge their results were turned over to police. As a result, 30 women were arrested and ten sued the city. One legal writer notes, "Petitioners were ten women arrested after seeking obstetrical care in a public hospital, some after giving birth. The women were arrested because they had tested positive for cocaine and were therefore suspected of having distributed illegal drags to a minor, namely, their fetuses" (Colb)."

Sample of Sources Used:

• Bloom, Robert M. Searches, Seizures, and Warrants: A Reference Guide to the United States Constitution. Westport, CT: Praeger, 2003.
• Colb, Sherry F. "What Is a Search? Two Conceptual Flaws in Fourth Amendment Doctrine and Some Hints of a Remedy." Stanford Law Review 55.1 (2002): 119+.
• Roubister, Vida. "Drug Tests of Non-consenting Pregnant Women Quashed." American Medical News; Chicago; 9 April 2001

More papers on Drug Testing:

• Research Paper # 83923 : "Drug Testing"
• Essay # 83566 : "Drug Testing in the Workplace"
• Analytical Essay # 89641 : "Drug Testing"
• Argumentative Essay # 89679 : "Drug Testing of Employees"

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