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by C-dub
Wed Nov 06, 2013 8:06 pm
Forum: The Crime Blotter
Topic: If you're in New Mexico, be careful about how you stand.
Replies: 103
Views: 15553

Re: If you're in New Mexico, be careful about how you stand.

jmra wrote:
jimlongley wrote:
jmra wrote:Where was the nurse who should have been acting as the patient advocate who would have stopped the procedure for lack of consent? Where was the risk management specialist for the hospital? Where was the hospital legal counsel who should have been consulted before action was taken?
I see major procedure changes at this hospital along with privileges being yanked from several doctors assuming they manage to get past the medical review board.
They had a warrant, so no lack of consent.
Warrant means nothing to medical personnel. A nurse could have stopped the procedure just as the doctor at the first ER did. I have a family member that runs an OR - showed the story to her and she laughed. You can bring any warrant you want into her OR, without patient consent they aren't touching the patient.
This might be why the police are learning phlebotomy. This way they can execute a warrant to draw blood from someone on one of those "no refusal" weekends.
by C-dub
Wed Nov 06, 2013 8:04 pm
Forum: The Crime Blotter
Topic: If you're in New Mexico, be careful about how you stand.
Replies: 103
Views: 15553

Re: If you're in New Mexico, be careful about how you stand.

I saw this a day or two ago. There are many problems with it. They did get a warrant, but the hospital in the county in which the warrant was issue for would not perform the exam due to ethical concerns. The police then took him to a hospital in another county where the warrant was no longer valid. They also did at least one of the exams, the colonoscopy I think, after that warrant had expired at 2200 hours sometime around 0100 the next morning.

Forcefully could mean that they wrestled with him and tied him down to do it or he just calmly objected knowing full well that the courts have said we have no right to physically resist a search or arrest even if it is unlawful.

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