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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. Im very happy for you, getting ready to go down that dirt road myself, and im praying for the same outcome, because it IS sometimes in the childs best interest to have visitation with grandparents. Thanks for sharing, needed to hear some positive posts for once.

  2. Been there 4 months with 1 paycheck what can i do

  3. our hoa has not communicated any thing that takes place in their "executive meetings" not executive session. They make decisions in these meetings, do not have an agenda, do not notify association memebers and do not keep general meetings minutes. They do not communicate info of any kind to the member, except annual meeting, nobody attends or votes because they think the board is self serving. They keep a deposit fee from club house rental for inspection after someone uses it, there is no inspection I know becausee I rented it, they did not disclose to members that board memebers would be keeping this money, I know it is only 10 dollars but still it is not their money, they hire from within the board for paid positions, no advertising and no request for bids from anyone else, I atteended last annual meeting, went into executive session to elect officers in that session the president brought up the motion to give the secretary a raise of course they all agreed they hired her in, then the minutes stated that a diffeerent board member motioned to give this raise. This board is very clickish and has done things anyway they pleased for over 5 years, what recourse to members have to make changes in the boards conduct

  4. Where may I find an attorney working Pro Bono? Many issues with divorce, my Disability, distribution of IRA's, property, money's and pressured into agreement by my attorney. Leaving me far less than 5% of all after 15 years of marriage. No money to appeal, disabled living on disability income. Attorney's decision brought forward to judge, no evidence ever to finalize divorce. Just 2 weeks ago. Please help.

  5. For the record no one could answer the equal protection / substantive due process challenge I issued in the first post below. The lawless and accountable only to power bureaucrats never did either. All who interface with the Indiana law examiners or JLAP be warned.

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