COA refuses to rule defendants get blanket immunity

Back to TopE-mailPrintBookmark and Share

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.”



Sponsored by
Subscribe to Indiana Lawyer
  1. Joe, you might want to do some reading on the fate of Hoosier whistleblowers before you get your expectations raised up.

  2. I had a hospital and dcs caseworker falsify reports that my child was born with drugs in her system. I filed a complaint with the Indiana department of health....and they found that the hospital falsified drug screens in their investigation. Then I filed a complaint with human health services in Washington DC...dcs drug Testing is unregulated and is indicating false positives...they are currently being investigated by human health services. Then I located an attorney and signed contracts one month ago to sue dcs and Anderson community hospital. Once the suit is filed I am taking out a loan against the suit and paying a law firm to file a writ of mandamus challenging the courts jurisdiction to invoke chins case against me. I also forwarded evidence to a u.s. senator who contacted hhs to push an investigation faster. Once the lawsuit is filed local news stations will be running coverage on the situation. Easy day....people will be losing their jobs soon...and judge pancol...who has attempted to cover up what has happened will also be in trouble. The drug testing is a kids for cash and federal funding situation.

  3. (A)ll (C)riminals (L)ove (U)s is up to their old, "If it's honorable and pro-American, we're against it," nonsense. I'm not a big Pence fan but at least he's showing his patriotism which is something the left won't do.

  4. While if true this auto dealer should be held liable, where was the BMV in all of this? How is it that the dealer was able to get "clean" titles to these vehicles in order to sell them to unsuspecting consumers?

  5. He has refused his Assent to Laws, the most wholesome and necessary for the public good. He has forbidden his Governors to pass Laws of immediate and pressing importance, He has erected a multitude of New Offices, and sent hither swarms of Officers to harrass our people, and eat out their substance. He has combined with others to subject us to a jurisdiction foreign to our constitution, and unacknowledged by our laws; giving his Assent to their Acts of pretended Legislation: For imposing Taxes on us without our Consent: He is at this time transporting large Armies of foreign Mercenaries to compleat the works of death, desolation and tyranny, already begun with circumstances of Cruelty & perfidy scarcely paralleled in the most barbarous ages, and totally unworthy the Head of a civilized nation.. He has excited domestic insurrections amongst us, and has endeavoured to bring on the inhabitants of our frontiers, the merciless [ ] Savages, whose known rule of warfare, is an undistinguished destruction of all ages, sexes and conditions. GOD BLESS THE GOVERNORS RESISTING! Count on the gutless judiciary to tie our children down and facilitate the swords being drawn across their throats. Wake Up America ...