ILNews

COA refuses to rule defendants get blanket immunity

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The Indiana Court of Appeals affirmed that an arrestee brought to the hospital by police who was forced to have a catheter to obtain a urine sample can’t sue the health-care providers under the Medical Malpractice Act. The appellate judges also ruled the health-care providers weren’t entitled to blanket immunity, based on Indiana Code Section 9-30-6-6.

Larz Elliott was taken to Rush Memorial Hospital by a deputy sheriff for a blood sample and urine sample. The deputy said he had a court order, but produced no written authorization. Elliot was handcuffed to a bed and had his pants forcibly removed when he couldn’t produce the urine sample and was catheterized.

He filed a proposed medical malpractice complaint against the hospital and medical staff that performed the catheterization alleging battery and negligence. The trial court found Elliot hadn’t stated any claims that required evaluation and that the defendants were immune from liability under I.C. Section 9-30-6-6.

In Larz A. Elliott v. Rush Memorial Hospital, Carrie Tressler, R.N., Philip Kingma, M.D., No. 70A01-0911-CV-533, the appellate court affirmed the trial court’s ruling because Elliot’s claims fall outside the act. Caselaw has held the act requires a person’s medical treatment was sought out or was necessary for the person’s own benefit. Elliot’s catheterization wasn’t for his own medical benefit, nor was it related to any treatment he needed for disease or injury. It was carried out solely for law enforcement purposes, wrote Judge Michael Barnes. He wasn’t a “patient” of the defendants for purposes of the act.

The Court of Appeals also declined to endorse a broad sweep of immunity for health-care providers under I.C. Section 9-30-6-6, as the trial court ruled. The statue requires that officers have certified in writing probable cause to get the sample and that not more than reasonable force be used to obtain the sample. The statute also says that the sample shall be taken in a medically accepted manner.

Indiana courts haven’t discussed whether these two subsections place limitations on when health-care workers can claim immunity for getting a bodily sample at an officer’s request. Addressing a similar issue involving Indiana’s Shoplifting Detention Act, the appellate court decided that I.C. Section 9-30-6-6’s grant of immunity doesn’t apply to samples that aren’t obtained in accordance with all of the statute’s provisions.

The catheterization also presents legitimate questions of fact as to whether forced catheterization is a “medically acceptable manner” to get a sample or if it’s unreasonable force in this situation. There are medical risks associated with using a catheter.

“The position that the trial court and the Defendants offer is that once a police officer requests a health care provider to obtain a bodily substance sample from someone, the health care provider has no choice but to comply, regardless of the circumstances,” wrote Judge Barnes. “Particularly at this point in the litigation, we will not endorse such a broad sweep of immunity.”


 

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  1. All the lawyers involved in this don't add up to a hill of beans; mostly yes-men punching their tickets for future advancement. REMF types. Window dressing. Who in this mess was a real hero? the whistleblower that let the public know about the torture, whom the US sent to Jail. John Kyriakou. http://www.nytimes.com/2013/01/26/us/ex-officer-for-cia-is-sentenced-in-leak-case.html?_r=0 Now, considering that Torture is Illegal, considering that during Vietnam a soldier was court-martialed and imprisoned for waterboarding, why has the whistleblower gone to jail but none of the torturers have been held to account? It's amazing that Uncle Sam's sunk lower than Vietnam. But that's where we're at. An even more unjust and pointless war conducted in an even more bogus manner. this from npr: "On Jan. 21, 1968, The Washington Post ran a front-page photo of a U.S. soldier supervising the waterboarding of a captured North Vietnamese soldier. The caption said the technique induced "a flooding sense of suffocation and drowning, meant to make him talk." The picture led to an Army investigation and, two months later, the court martial of the soldier." Today, the US itself has become lawless.

  2. "Brain Damage" alright.... The lunatic is on the grass/ The lunatic is on the grass/ Remembering games and daisy chains and laughs/ Got to keep the loonies on the path.... The lunatic is in the hall/ The lunatics are in my hall/ The paper holds their folded faces to the floor/ And every day the paper boy brings more/ And if the dam breaks open many years too soon/ And if there is no room upon the hill/ And if your head explodes with dark forbodings too/ I'll see you on the dark side of the moon!!!

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  5. My mother got temporary guardianship of my children in 2012. my husband and I got divorced 2015 the judge ordered me to have full custody of all my children. Does this mean the temporary guardianship is over? I'm confused because my divorce papers say I have custody and he gets visits and i get to claim the kids every year on my taxes. So just wondered since I have in black and white that I have custody if I can go get my kids from my moms and not go to jail?

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