Would it be legal for them at the ER to draw blood from someone while they are unconcious to check for drugs and alcohol without first getting a signed consent form?
2006-06-21 15:57:09 · 18 answers · asked by WAKE 99 2 in Politics & Government ➔ Law Enforcement & Police
Some clarification:He was stopped by police for speeding and had the odor of alcohol on his breath.He was handcuffed and placed in the squad,where he subsequently "freaked out" and began bashing his head on the wire partition.He was transported to the hospital E.R. and had passed out.He required 18 stitches to close the wound in his head.This is when his blood was drawn, requested by the officer,not as part of his treatment, but as a collection of evidence to be used in a court of law.Is this not some what of a gray area where legality is concerned?
2006-06-22 02:05:35 · update #1
There are two issues here. First if the police have reason to believe (probable cause) that a person was in a motor vehicle accident due to being drunk or high (Driving while under the influenece) it is perfectly legal to draw blood also as mention by numerous other people, in most states simply signing your license is consenting to a 'chemical test' and failing to consent to one is a crime in and of itself. Second is the responsiblity of the medical personel is to provide care that is in the best interest of the paitent if he/she is unable to consent or refuse, if they fail to due this they can be sued for failing to providing a reasonable level of care.
2006-06-22 19:10:30 · answer #1 · answered by Sean B 2 · 3⤊ 0⤋
In most state when you sign for your drivers license you are consenting to a blood or drug test if pulled over and arrested or taken to a ER because of just cause. If this is not the case and you are transport to the hospital in a emergency situation (ex unconscious or in a coma state) yes they can. If you are able to speak or write even put and x on the paper then no they cannot.
2006-06-21 16:11:27 · answer #2 · answered by Karen B 1 · 0⤊ 0⤋
If you want to learn how to draw the right picture all you have to is time and Realistic Pencil Portrait Mastery guide from here https://tr.im/W6kEB to stay the right path.
The classes from Realistic Pencil Portrait Mastery guide include 208 pages and a complete of 605 illustrations. The fundamental process applied is that you start with an image, draw a mild outline of the function, and then tone it in.
Realistic Pencil Portrait Mastery is the right allied to make the great draw.
2016-04-28 03:37:59 · answer #3 · answered by Anonymous · 0⤊ 0⤋
Think about it for a minute -- a person is taken to the ER because IT'S AN EMERGENCY. Don't you think the first thing a doctor needs to find out is if the person is on any medication/drugs/alcohol that would effect the necessary treatment required to SAVE THE PERSON'S LIFE????
2006-06-21 16:02:13 · answer #4 · answered by CarolO 7 · 0⤊ 0⤋
It depends on the state, of course. In PA at least, it is certainly legal. But as with everything in life, there is a balance; drawing blood from an unconcious defendant opens several doors for a potential defense attorney. (If he has the skills.)
2006-06-21 16:43:36 · answer #5 · answered by Anonymous · 0⤊ 0⤋
If you are believed to be driving under the influence of alcohol or drugs - prescription or illegal. If they have a court order. They will draw blood routinely in ER - if you either sign for treatment or if you are unconscious.
2006-06-21 16:07:07 · answer #6 · answered by Wolfpacker 6 · 0⤊ 0⤋
the person was in police custody and then the hopital can do any test they want, the police can get blood too for their own alcohol and drug tests. consent is not needed when the police suspect something illegal is done like dui. the police have the right to test the person anyway possible.
2006-06-22 05:47:34 · answer #7 · answered by mike g 5 · 0⤊ 0⤋
It's legal to draw the blood, but a grand jury subpoena is needed for the police to get the results.
2006-06-21 16:08:48 · answer #8 · answered by Anonymous · 0⤊ 0⤋
Yes. They can do any procedure they deem necessary to stabilize a person if they cannot get their consent and cannot reasonably contact the next of kin to give consent.
Edit: Most, if not all states require you to give consent to alcohol testing when you get your license.
2006-06-21 16:28:46 · answer #9 · answered by James 7 · 0⤊ 0⤋
it is perfectly legal. Just like if you get hurt on the job, and you have to go to the hospital, they can ask for a ua or just take a blood test. If you refuse, good luck keeping your insurance and or job. Just stay sober so you don't have to worry about it.
2006-06-21 16:05:36 · answer #10 · answered by lightningviper 4 · 0⤊ 0⤋