Current Events > Cops arrest nurse because she refused to draw blood from an unconscious patient

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Coffeebeanz
08/31/17 9:51:36 PM
#51:


justaguy3492 posted...
Coffeebeanz posted...
Obviously if this is simply that she's refusing to give the lab results to the cop, the cops are blatantly in the wrong.

But the title of the topic is "refused to draw blood", which raises the question of who asked her to do it, and why.


If you're trolling, you're doing a phenomenal job because I am genuinely irked by the fact that you haven't taken the time to read the article posted OR google this and read one of the many other articles written about it. The cop himself, in a written prepared report, literally states that he wanted it because the guy was suspected of driving under the influence.


He was also unconscious, in a motor vehicle accident, and in a hospital. There's no fucking way the hospital is going to let him go back with the cops after the "blood draw", which means by this point he's been admitted and a trauma physician has already ordered routine labs and imaging. The nurse cannot refuse to do those. And obviously the cops can't ask the nurse for the RESULTS of those labs, but you know what? Nurses can't give results of labs to ANYONE, even patients. And the physician has every right to tell the cops they cannot see any of the patient's PHI.

It doesn't matter why the cops brought him - he's under the hospital's care now. If a nurse isn't following orders on an unstable patient, then that's a problem. The only way your scenario works without requiring any more context is if the cops managed to bring this unconscious, just-had-a-motor-vehicle-accident patient to a hospital and the hospital had no intention of evaluating him. Which is absolutely insane.
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TheVipaGTS
08/31/17 9:54:27 PM
#52:


Coffeebeanz posted...
He was also unconscious, in a motor vehicle accident, and in a hospital. There's no fucking way the hospital is going to let him go back with the cops after the "blood draw".

what does that have to do with anything? they wanted the blood now to test it before an alleged alcohol left his system..he doesn't have to "go back with the cops" immediately after. They draw the blood, send it in for tests, the man stays at the hospital and is released to police after he recovers pending the result of that test...what are you even saying anymore? If someone else ordered it then where is that person? Why would they go through a cop? Why is she being arrested before the person who you claim asked her to do it stepped in and directly told her to do it?
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Coffeebeanz
08/31/17 9:58:51 PM
#53:


The ER doc would obviously have ordered a serum ethanol level as soon as inebriation was suspected. Granted, if the cops are just trying to push the nurse to do it as quickly as possible so they can send in the results, that's straight-up illegal.

But. We. Don't. Know. That.

Contextually speaking, the nurse SHOULD draw the labs as soon as possible for purely medical reasons. And then she can tell the cops to fuck off because they aren't allowed to have the results without his consent. The issue at hand here is that she's refusing to DRAW labs. Not that she's refusing to give away private health information.
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TheVipaGTS
08/31/17 10:00:45 PM
#54:


So an ER Doc ordered it, and rather than tell the nurse themselves they decided to relay it to the cop that brought the suspect in. Then the Cop demanded it from the nurse and she was arrested. At that point the ER Doc and no one else in the hospital decided to prevent that...

...yea man makes sense.
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Coffeebeanz
08/31/17 10:02:24 PM
#55:


TheVipaGTS posted...
So an ER Doc ordered it, and rather than tell the nurse themselves they decided to relay it to the cop that brought the suspect in. Then the Cop demanded it from the nurse and she was arrested. At that point the ER Doc and no one else in the hospital decided to prevent that...

...yea man makes sense.


I don't think the cops should've been involved in ANY capacity. It's none of their fucking business. But it violates EMTALA to refuse to draw labs on an unstable patient. They theoretically could arrest her for endangering a patient - a douchebag thing to do, to be sure, but also technically legal.
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Fin_Dawg_004
08/31/17 10:03:31 PM
#56:


Coffeebeanz posted...
The ER doc would obviously have ordered a serum ethanol level as soon as inebriation was suspected. Granted, if the cops are just trying to push the nurse to do it as quickly as possible so they can send in the results, that's straight-up illegal.

But. We. Don't. Know. That.

Contextually speaking, the nurse SHOULD draw the labs as soon as possible for purely medical reasons. And then she can tell the cops to fuck off because they aren't allowed to have the results without his consent.

at the beginning of the video she literally is explaining to the cop she can't give the patient's blood work to them without a warrant, patient consent, or arrest.

what are you even arguing
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Coffeebeanz
08/31/17 10:04:47 PM
#57:


at the beginning of the video she literally is explaining to the cop she can't give the patient's blood work to them without a warrant, patient consent, or arrest.

She is using that argument to refuse to draw the labs, which has nothing to do with whether or not the cops are entitled to their results. That's the problem.
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3rd_Best_Master
08/31/17 10:06:09 PM
#58:


It's almost like Proudclad is still with us.
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justaguy3492
08/31/17 10:06:14 PM
#59:


Coffeebeanz posted...
The ER doc would obviously have ordered a serum ethanol level as soon as inebriation was suspected. Granted, if the cops are just trying to push the nurse to do it as quickly as possible so they can send in the results, that's straight-up illegal.

But. We. Don't. Know. That.

Contextually speaking, the nurse SHOULD draw the labs as soon as possible for purely medical reasons. And then she can tell the cops to fuck off because they aren't allowed to have the results without his consent. The issue at hand here is that she's refusing to DRAW labs. Not that she's refusing to give away private health information.


"Payne was temporarily suspended from the department’s blood-draw program — where officers are trained as phlebotomists so they can get blood samples — but remains on duty, Shearer said"

I don't know where you're getting the idea that the hospital didn't already treat this man for his medical conditions (especially considering he was burned pretty badly). The cop isn't asking for the results, he wants blood. If you would just read the damn article you wouldn't be so ignorant to this situation, but I think I'm catching on to the gimmick and I'm gonna try to not let you rustle my jimmies.
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Coffeebeanz
08/31/17 10:07:02 PM
#60:


The cop isn't asking for the results, he wants blood.

Then that's clearly illegal. Full stop.
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Anteaterking
08/31/17 10:21:47 PM
#61:


Coffeebeanz posted...
The cop isn't asking for the results, he wants blood.

Then that's clearly illegal. Full stop.


Good thing we had our venture into hypothetical land to defend the cop before reading.
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Hexagon
08/31/17 10:22:03 PM
#62:


@Coffeebeanz

You think its crazy to suggest that a law enforcer would do something like that, but we have video evidence of officers planting drugs, there's one of an officer sitting on top of a black person and beating him up. Nothing should surprise you.
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A5modeu5
09/01/17 8:05:34 AM
#63:


So cliffnotes.

A criminal gets into a car chase with police.
The criminal causes an accident during the chase killing himself and injuring another dude.
The injured dude gets into the hospital burned and uncautious.
-The police get into problems when causing damage or accidents during pursuit.
So the police tries to get the bloodwork of the victim of the car crash caused by the chase of the now dead criminal. Just to blame the victim with drunk driving if the test is positive. That way they can bust him for drunk driving and are not at fault.
Nurse refuses under order from her supervisor to give them the blood.
Cop powertrips and assaults her on the spot to arrest her for refusing his 'order'.
If she gave them the blood she would break the law and hospital regulations, probably get fired and could never work in the medical field again.

Please tell me what I am understanding wrong here.
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CruelBuffalo
09/01/17 10:46:57 AM
#64:


A5modeu5 posted...
So cliffnotes.

A criminal gets into a car chase with police.
The criminal causes an accident during the chase killing himself and injuring another dude.
The injured dude gets into the hospital burned and uncautious.
-The police get into problems when causing damage or accidents during pursuit.
So the police tries to get the bloodwork of the victim of the car crash caused by the chase of the now dead criminal. Just to blame the victim with drunk driving if the test is positive. That way they can bust him for drunk driving and are not at fault.
Nurse refuses under order from her supervisor to give them the blood.
Cop powertrips and assaults her on the spot to arrest her for refusing his 'order'.
If she gave them the blood she would break the law and hospital regulations, probably get fired and could never work in the medical field again.

Please tell me what I am understanding wrong here.

That's exactly what happened
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ChromaticAngel
09/01/17 12:47:06 PM
#65:


CruelBuffalo posted...

That's exactly what happened

Fuck the cop. I hope the nurse sues the state and wins big.
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Sage JJ
09/01/17 1:00:00 PM
#66:


literal_garbage posted...
Honestly, you should always be arrested/dealt with if you refuse an order from a officer of the law.

I don't get this new trend of, "I don't agree with the cops so fuck them!" thinking


Just because they are an officer doesnt mean you are obligated to listen to them nor is it grounds to be arrested if your not actually violating the law. An officers job and duty is to enforce & uphold the law not dictate it based on their wants. This officer and anyone like him who makes an illegal arrest because they didnt get their way should be removed from their position.
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#67
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Piersons_Fox
09/01/17 1:05:24 PM
#68:


lilORANG posted...
Coffeebeanz posted...
If they're in a hospital and a doctor orders it, yes obviously.

a doctor didn't order it and cops need warrants to secure blood draws without consent. Literally every cop takes a course on this in the academy.


Law Enforcement can forcibly draw blood against someone's will in the event of a DUI with fatalities.

That's the only exception I'm aware of.
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#69
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#70
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ChromaticAngel
09/01/17 1:26:33 PM
#71:


fenderbender321 posted...
Piersons_Fox posted...
lilORANG posted...
Coffeebeanz posted...
If they're in a hospital and a doctor orders it, yes obviously.

a doctor didn't order it and cops need warrants to secure blood draws without consent. Literally every cop takes a course on this in the academy.


Law Enforcement can forcibly draw blood against someone's will in the event of a DUI with fatalities.

That's the only exception I'm aware of.


But don't they still need a warrant? And does that apply to every state?


They have no proof it was DUI, though.

The crash was caused by a criminal who died in the process.
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lilORANG
09/01/17 1:28:35 PM
#72:


Piersons_Fox posted...
lilORANG posted...
Coffeebeanz posted...
If they're in a hospital and a doctor orders it, yes obviously.

a doctor didn't order it and cops need warrants to secure blood draws without consent. Literally every cop takes a course on this in the academy.


Law Enforcement can forcibly draw blood against someone's will in the event of a DUI with fatalities.

That's the only exception I'm aware of.


What's the authority on that? It just seems completely wrong based on what i know of the 4th amendment, but i ain't saying its impossible.
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TheVipaGTS
09/01/17 1:43:38 PM
#73:


They still need to obtain a warrant. Once that warrant is obtained they can force it out of you but it's my understanding that a warrant must be in place and it doesn't seem like the nurse in this incident had one.

If you refuse or can't give a breath test they can arrest you TO take your blood but they still need to go through the proper channels to do so I believe.
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MrPeppers
09/01/17 2:34:47 PM
#74:


So @Coffeebeanz it looks like blood was already drawn by the hospital and the charge nurse was stating that the officer, who was a licensed phlebotomist, was not allowed to draw himself since he had no probable cause & is not employed by the hospital, and it would be malpractice by the hospital and a HIPAA violation on her end.
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ChromaticAngel
09/01/17 2:53:53 PM
#75:


TheVipaGTS posted...
They still need to obtain a warrant. Once that warrant is obtained they can force it out of you but it's my understanding that a warrant must be in place and it doesn't seem like the nurse in this incident had one.

If you refuse or can't give a breath test they can arrest you TO take your blood but they still need to go through the proper channels to do so I believe.


It varies by state. In GA, refusing to take a breath test is an automatic 1-year license suspension but it can actually get you out of a DUI if you fight it. Once you blow into the machine and they can prove you were drunk though, you're fucked.
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Piersons_Fox
09/01/17 3:08:12 PM
#76:


lilORANG posted...
Piersons_Fox posted...
lilORANG posted...
Coffeebeanz posted...
If they're in a hospital and a doctor orders it, yes obviously.

a doctor didn't order it and cops need warrants to secure blood draws without consent. Literally every cop takes a course on this in the academy.


Law Enforcement can forcibly draw blood against someone's will in the event of a DUI with fatalities.

That's the only exception I'm aware of.


What's the authority on that? It just seems completely wrong based on what i know of the 4th amendment, but i ain't saying its impossible.


Never mind. You're right.

https://www.supremecourt.gov/opinions/12pdf/11-1425_cb8e.pdf

Tldr: This ruling overrules a previous decision that did allow involuntary withdrawal of blood. The reasoning that has changed is because of the change in technology and the efficiency in which BAC can be extracted and tested. The exigent circumstances rule no longer apply. An officer will need a warrant before involuntary blood withdrawal.
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Piersons_Fox
09/01/17 3:11:23 PM
#77:


ChromaticAngel posted...
TheVipaGTS posted...
They still need to obtain a warrant. Once that warrant is obtained they can force it out of you but it's my understanding that a warrant must be in place and it doesn't seem like the nurse in this incident had one.

If you refuse or can't give a breath test they can arrest you TO take your blood but they still need to go through the proper channels to do so I believe.


It varies by state. In GA, refusing to take a breath test is an automatic 1-year license suspension but it can actually get you out of a DUI if you fight it. Once you blow into the machine and they can prove you were drunk though, you're fucked.


If someone refuses to submit to a BAC that person will be charged with the implied consent law. Which carries the exact same punishments as a DUI conviction.

If you honestly believe that you might be below the limit, it's better to just roll the dice.
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#78
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BootyGif
09/01/17 3:19:06 PM
#79:


fenderbender321 posted...
So yeah, just read an up to date article on the situation. The police chief apologized to the nurse. The police were wrong in this case 100%. The officer has been suspended from that role.

Cop should be in prison
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#80
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Sir Will
09/01/17 3:49:11 PM
#81:


fenderbender321 posted...
BootyGif posted...
fenderbender321 posted...
So yeah, just read an up to date article on the situation. The police chief apologized to the nurse. The police were wrong in this case 100%. The officer has been suspended from that role.

Cop should be in prison


Should be, but won't be.

Yeah -_-
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TheVipaGTS
09/01/17 3:51:16 PM
#82:


No matter how you look at it it's bad. He's either ignorant of the law he's supposed to uphold and arrested an innocent person by force, he has a power trip complex and was asserting himself or he asked someone to break the law so he could catch someone.

...none of those are good things.
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#83
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Deadpool_18
09/01/17 5:34:58 PM
#84:


tremain07 posted...
Why wont people just do what the cops say without trying making a fuss? They have a gun and a badge, that's not a fight you'r'e gonna win.


Because we're human beings with rights, not mindless drones who think authority is always in the right and has our best interests.
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Hexagon
09/01/17 5:36:43 PM
#85:


Deadpool_18 posted...
tremain07 posted...
Why wont people just do what the cops say without trying making a fuss? They have a gun and a badge, that's not a fight you'r'e gonna win.


Because we're human beings with rights, not mindless drones who think authority is always in the right and has our best interests.


Not only that, professionals are obligated in their duty to not do certain things. For the nurse, this was one of the things. She was thinking of herself and for her profession.
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Veggeta X
09/01/17 5:44:15 PM
#86:


The chief of police and mayor already said the police man is wrong, is currently suspended and will be further internally investigated. Justice prevail on this one, yall.
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Hexagon
09/01/17 5:58:56 PM
#87:


Veggeta X posted...
The chief of police and mayor already said the police man is wrong, is currently suspended and will be further internally investigated. Justice prevail on this one, yall.


Justice wont prevail until a suit follows by the nurse or someone else over what happened. Its not like this cop was in the middle of a heated life or death situation that required a split second decision. It was more like: Do this. No? You're coming with me. Totally unacceptable.
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TommyG663513
09/01/17 5:59:38 PM
#88:


Veggeta X posted...
The chief of police and mayor already said the police man is wrong, is currently suspended and will be further internally investigated. Justice prevail on this one, yall.


I wouldn't necessarily be so sure. I believe they said the cop was only suspended from phlebotomy duties. Even if he gets charged (he better be facing serious charges) cops tend to get favorable outcomes.

I'm just saying, but I've seen way too many cases where a cop is very clearly in the wrong and they get off with a slap on the wrist.

The ",but the cops protect us" defense gets used effectively way too much.
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Veggeta X
09/01/17 6:01:45 PM
#89:


There's still an internal investigation going on so we shall see what happens next. Can't be deebie downers about it.
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TommyG663513
09/01/17 6:08:06 PM
#90:


Veggeta X posted...
There's still an internal investigation going on so we shall see what happens next. Can't be deebie downers about it.


Yes hopefully the officers entire life is ruined for this, but that never seems to happen. Guy should be fired and jailed, but I feel like fired is the only realistic outcome.

Sounds like he could personally be sued by the nurse so hopefully she takes everything he is worth from him.

This cop really deserves to rot. Abuse of an authority position is such a downright rotten thing to do.
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smoke_break
09/01/17 6:16:11 PM
#91:


that nurse about to get paid!!
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#92
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Dathrowed1
09/01/17 6:34:39 PM
#93:


DuranOfForcena posted...
lol wow @Coffeebeanz what the fuck were you even trying to accomplish with your posts in this topic

was it actually anything other than "hey look at me i'm a doctor"?

ridiculous

Yeah she's flexing here. Just goes to show MDs flex too.
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Iodine
09/01/17 6:35:15 PM
#94:


Pigs gonna oink.
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EyeWontBeFooled
09/01/17 7:02:36 PM
#95:


Hope the cop rots, as well. Get a civil suit going ASAP, miss.
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TommyG663513
09/01/17 7:18:45 PM
#96:


Dathrowed1 posted...
DuranOfForcena posted...
lol wow @Coffeebeanz what the fuck were you even trying to accomplish with your posts in this topic

was it actually anything other than "hey look at me i'm a doctor"?

ridiculous

Yeah she's flexing here. Just goes to show MDs flex too.


She does this quite a bit tbh. Like every time I ever hear her talk about medical stuff I know she is going to have a bad opinion.

It's pretty bad when the resident doctor in training seems to be one of the least credible on medical issues. Her posts ITT were clearly not at all about discovering the truth of this situation, but of showing off her medical knowledge just trying to sound smarter than everybody else.

The irony is that her flexing her knowledge actually made her out to be a pretty ignorant person.

She comes off pretty cool and likable when discussing video games and stuff like that though.

Her political opinions are pretty bad as well as she is the epitome of the "I'm not a Trump supporter, but..."
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Kingbuffet
09/01/17 7:20:27 PM
#97:


Cops just think they're above the law.
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cjsdowg
09/01/17 7:21:51 PM
#98:


literal_garbage posted...
Honestly, you should always be arrested/dealt with if you refuse an order from a officer of the law.

I don't get this new trend of, "I don't agree with the cops so fuck them!" thinking


What the fuck is wrong with you.
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#99
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CE_gonna_CE
09/01/17 8:00:29 PM
#100:


cjsdowg posted...
literal_garbage posted...
Honestly, you should always be arrested/dealt with if you refuse an order from a officer of the law.

I don't get this new trend of, "I don't agree with the cops so fuck them!" thinking


What the fuck is wrong with you.


Literal garbage.
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