Posted on 09/01/2017 7:56:22 PM PDT by Valpal1
Salt Lake City Mayor Jackie Biskupski announced that as a result of the criminal investigation being launched by the Salt Lake County District Attorney, Detective Jeff Payne will be placed on full administrative leave with pay.
Later Friday night, police stated two employees are on administrative leave. It was not immediately clear who the second employee is.
(Excerpt) Read more at fox13now.com ...
Agreed! I couldn’t believe how many cops just stood around and watched this. Good Lord. The nurse was just doing her job. I normally support LEO, but this cop was wrong!
The problem here is that the truck driver is not and was not a suspect of any kind. So what was the articulable probable cause for a non-suspect, how does implied consent apply to a non-suspect. The cops were blowing smoke because all the verbiage they were applying doesn’t apply to a non-suspect.
And it doesn’t matter if the cop was a phlebotomist because not even licensed doctors can do procedures in a hospital that doesn’t give them permission. And burn units are highly restrictive access because of the very high infection rates and depending on where the burns are, a blood draw may not even have been physically possible and a central line has to be done and phlebotomists aren’t certified for central lines.
The “perp” died. Read the story before you post. The nurse was doing her job....and following the law. This cop didn’t.
Speaking as a nurse, I don’t do anything intrusive to a patient without a doctors written order except in an emergency situation relating to immediate life threatening events. ie cpr, defib, etc...
Even giving narcan or insulin requires a doctors order. And I wouldn’t draw blood without a written order from a doctor.
If the detective had gotten a Doctor to agree and issue the order - no problem. Otherwise it’s my job to stabilize a patient until the doctor diagnoses and issues care orders. Based on the doctors diagnoses and orders, I then work out my nursing care plan. If the patient is conscious I must obtain consent from the patient to carry out the doctors orders.They can refuse any procedure, and I note the patient refuses AMA, against medical advice. If the patient cannot respond to care requests, I then note it in the patients chart as unresponsive or not understanding and can then do the procedure/order under the doctors direction. You own your body. Unless your are declared incompetent ( in Florida we call it The Baker Act) or there is a court order, you control what happens to it. Soapbox relinquished.
You are so wrong. Look up HIPAA and other laws hospitals and medical professionals must follow. There are tons of laws, case law that require medical professionals to protect the rights of their patients. They are legally responsible for care and rights of patients.
The patient was in a coma in a burn unit with restricted access. The hospital through the nurse exercised medical guardianship of an incapacitated person until a family member arrived.
And the truck driver was not the perpetrator, but the victim of a head on collision by the perpetrator fleeing the police.
I was sickened at the LEO at the scene. They stood there and did nothing. Pitiful.
BTTT
ROFLMBO. You cannot possibly be that stupid. You must be trolling for comments out of boredom.
But just in case: She wasn't sequestering the unconscious man, she was simply refusing to take blood from him based on a psychotic cop's demands, in violation of every hospital and police policy, as well as state and Constitutional law.
And, no, the cops could not drag him unconscious out of a hospital bed. They need things like probable cause, exigent circumstances, or a warrant... and they had none of those, and knew that they had none of those. She has every right to refuse to be coerced into committing a felony for them just because they demanded it.
Any free citizen can refuse any unlawful order from any policeman. It will likely make them mad, as it did with the ex-cop here... but that doesn't mean you are bound by law to obey there demand to commit a felony for their benefit.
Idiot.
*their
Was the written agreement in the event the hospital/nurses/doctors were doing the blood draw or ? The detective was going to do his own blood draw in this case. How does the hospital handle this (i.e. “exigent circumstances”):
http://www.utahduilegal.com/warrantless-blood-draws/
We need more info. on the case...I am sure a jury will be hearing it all!
he is dense or not paying attention. the law has been specified numerous times in a multitude of places.
Law enforcement puts it pants on one leg at a time.
The Good Book says we’re all “sinners”.
Law enforcement is a human institution with faults, not a spiritual institution.
There’s too much veneration of law enforcement and “first responders”.
False God?
As a practical matter unionized law enforcement, firefighters etc. suck up taxpayers dollars in high salaries and generous pensions.
The strain shows in budgets of municipalities, states etc. etc.
Yes it has. It's all over the national and international press. It's also top trending on You Tube.
I am upset by that too. This whole incident upsets me. I am a supporter of LEO. I know they are human so there are bad apples, it upsets me that the other LEO did nothing.
The problem with your comment and with your attitude is that if you had bothered to read the original story, or any of the many comments, you would know that the person the nurse was protecting was the victim of a crash involving a high speed police chase where the real perp ran into the victims truck during the chase.
My belief is that the police were on a fishing expedition to get anything they could on the accident victim to reduce their liability.
There won’t be a jury because the city’s liability insurance carrier will be negotiating a settlement. There is no way in hell they are going to allow that video to be played to jury.
The unconscious guy is not the perp, the perp is dead so there are no exigent circumstances.
All good points...I was just “devil’s advocating” because most of us were doing the knee-jerk “how can the cops possibly be in the right when they are trying to get a blood sample on an innocent victim!” Then we are reminded about CDL holders (commercial truck drivers) have a mandated blood test rule (U.S. DOT)(not immediately applicable in this case), and then the detectives’ “exigent circumstances” argument comes out (in his report). And this all happened back on July 26th, so I would imagine the nurse’s lawyer has his case formed up by now...will be interesting to follow the trial if any....will probably try for a $$ settlement.
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