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Message

re: Hospital nurse arrested after refusing illegal blood draw order

Posted on 9/1/17 at 9:40 am to
Posted by shel311
McKinney, Texas
Member since Aug 2004
111091 posts
Posted on 9/1/17 at 9:40 am to
quote:

Nurse should have just done what the cop said, AMIRITE?

You can bet all of the, "Just do what he said" posters will all of a sudden change their mind in this thread.
Posted by Mo Jeaux
Member since Aug 2008
58950 posts
Posted on 9/1/17 at 9:42 am to
quote:

Um we draw blood from unconscious trauma patients all the time even when none of those things apply


Who is "we"?

And it's obvious that the policy doesn't apply to routine health matters, but rather third parties, including police, wanting it drawn.
Posted by nola000
Lacombe, LA
Member since Dec 2014
13139 posts
Posted on 9/1/17 at 9:43 am to
This is why so few people like cops. I feel bad for the cops out there doing it the right way. They really should stand up to douchbags with badges like this or their good name is going to be soiled. Shitbags like this are turning people against law enforcement. :(
Posted by BluegrassBelle
RIP Hefty Lefty - 1981-2019
Member since Nov 2010
99223 posts
Posted on 9/1/17 at 9:45 am to
quote:

The watch commander told him to arrest her if he cant get blood samples, even though he knew there was no warrant, and no probable cause. The cop should have said "thats illegal" and he should be punished for that, but the real fault lies with the watch officer, who most likely will get at worst a reprimand with a paid leave (vacation).


If he had issue with it he should've called his watch commander to clarify when she refused (and rightfully so). Not snatch the nurse up when she was clearly following hospital policy and patient privacy laws.

That nurse and supervisor knows that if they allow that blood draw, of a victim mind you, that it would be their asses in a heartbeat as well.

Posted by BluegrassBelle
RIP Hefty Lefty - 1981-2019
Member since Nov 2010
99223 posts
Posted on 9/1/17 at 9:47 am to
quote:

Um we draw blood from unconscious trauma patients all the time even when none of those things apply...good for that nurse tho


There's a distinct difference in a hospital drawing blood to assess the well-being of a patient versus a cop coming in without a warrant wanting blood drawn. Especially when it wasn't even a suspect of a crime at this point.
Posted by Golfer
Member since Nov 2005
75052 posts
Posted on 9/1/17 at 9:48 am to
quote:

You can bet all of the, "Just do what he said" posters will all of a sudden change their mind in this thread.


The LEO's weapon wasn't drawn you moron.
Posted by nola000
Lacombe, LA
Member since Dec 2014
13139 posts
Posted on 9/1/17 at 9:48 am to
quote:

They wanted his blood sample to prepare a comparative negligence defense to try and get out of a lawsuit that they thought would be forthcoming.


...and instead created another one. What a fricking moron. Play stupid games win stupid prizes, right?
Posted by moneyg
Member since Jun 2006
56626 posts
Posted on 9/1/17 at 9:51 am to
quote:

False arrest, loss of pay, mental anguish, loss of freedom...



#1, False Arrest isn't a damage.
#2, She didn't lose any pay more than likely. If she did, it's minimal.
#3, Everything else is not going to amount to much.
Posted by shel311
McKinney, Texas
Member since Aug 2004
111091 posts
Posted on 9/1/17 at 9:55 am to
quote:

The LEO's weapon wasn't drawn you moron.
Says the person who ASSumed I was only talking about when the LEO's weapon was drawn.
This post was edited on 9/1/17 at 9:55 am
Posted by Epic Cajun
Lafayette, LA
Member since Feb 2013
32609 posts
Posted on 9/1/17 at 9:56 am to
quote:

Says the person who ASSumed

I would ASSume, that most people who say "just do what they tell you to" are referring to a situation slightly different than the one presented in the OP.
Posted by NYNolaguy1
Member since May 2011
20918 posts
Posted on 9/1/17 at 9:57 am to
quote:

#1, False Arrest isn't a damage.
#2, She didn't lose any pay more than likely. If she did, it's minimal.
#3, Everything else is not going to amount to much


She can also file a 1983 claim in fed court for deprivation of rights. Knowingly arresting someone under false charges would certainly qualify. The discovery in that case would be entertaining.

My guess is the police dept would throw enough money her way to bury this quickly.

Eta: besides the actual law, often times perception and the court of opinion determines how this plays out. It would be terrible politics for them to fight her in court over this. The local govt and police would be raked over the coals daily by the public and media if it actually goes to court. It wont get there.
This post was edited on 9/1/17 at 10:03 am
Posted by Mid Iowa Tiger
Undisclosed Secure Location
Member since Feb 2008
18704 posts
Posted on 9/1/17 at 10:09 am to
Cop was way, way out of line ans should be fired. More likely he will get a couple weeks paid time off.
Posted by shel311
McKinney, Texas
Member since Aug 2004
111091 posts
Posted on 9/1/17 at 10:10 am to
quote:

I would ASSume, that most people who say "just do what they tell you to" are referring to a situation slightly different than the one presented in the OP.
I wouldn't, that nurse was following the law by not doing what a cop is telling her to do.

Again, not talking about guns drawn, but we've only seen a bunch of threads where a person follows the law and their rights, and so many posters say screw their rights, just do what the cop says.

Different scnearios, sure. But the same rule should apply if you want to remain consistent, you can't just pick and choose when you say you should just listen to the cop.
Posted by Antonio Moss
Baton Rouge
Member since Mar 2006
48328 posts
Posted on 9/1/17 at 10:10 am to
quote:

That's normally done.

When a crash results in a death or serious injury, blood is always drawn.

There is nothing illegal about it.

People may not like it but it's how the process is done.


You're wrong.
Posted by LucasP
Member since Apr 2012
21618 posts
Posted on 9/1/17 at 10:11 am to
quote:

say screw their rights, just do what the cop says.



Your rights stop the second a cop tells you to do something.
Posted by USEyourCURDS
Member since Apr 2016
12066 posts
Posted on 9/1/17 at 10:13 am to
Posted by Epic Cajun
Lafayette, LA
Member since Feb 2013
32609 posts
Posted on 9/1/17 at 10:15 am to
quote:

I wouldn't, that nurse was following the law by not doing what a cop is telling her to do.

That nurse was protecting the rights of an individual that she has a legal obligation to.

quote:

you can't just pick and choose when you say you should just listen to the cop.

Sure you can. A foolish consistency is the hobgoblin of little minds.
Posted by theCrusher
Slidell
Member since Nov 2007
1138 posts
Posted on 9/1/17 at 10:16 am to
quote:

A crash where one is seriously injured and another dead.

Most states have mandatory blood draws in those types of crashes


I was hit by a drunk driver and when they took her to the hospital (she fought them) the officer told me they can collect a blood sample without her consent once she's admitted.

My guess is the nurse is in the wrong unless the laws in Utah are different than the state of la.
Posted by AbitaFan08
Boston, MA
Member since Apr 2008
26601 posts
Posted on 9/1/17 at 10:19 am to
Add IIED to that.
Posted by yellowfin
Coastal Bar
Member since May 2006
97682 posts
Posted on 9/1/17 at 10:19 am to
They can once they get a warrant
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