DUI suspect gets $15,000 for forced catheterization

[Balder_LPN]

I wonder who did this? Was there a nurse, the article doesnt say.

Would YOU participate in this scenario?

http://www.king5.com/localnews/stories/NW_030408WAB_dui_catheter_lawsuit_TP.21178732.html?npc

Excerpt here.

DUI suspect gets $15,000 for forced catheterization

01:07 PM PST on Tuesday, March 4, 2008

Associated Press

KELSO, Wash. - A lawsuit over the forced catheterization of a man who was arrested for investigation of drunken driving has been settled for $15,000.

.......

Arthur filed suit last month, accusing two Cowlitz County sheriff's deputies and a state corrections officer of forcing him to undergo catheterization and a blood draw when he refused to provide urine and blood samples at St. John's Medical Center in Longview following a traffic stop.

Arthur was required to undergo screening for intoxicants upon request under a probation agreement at the time, but his lawyer, Kevin G. Blondin, said the procedure was painful, invasive and unnecessary.

"He was held down kicking and screaming while they shoved a catheter into his member," Blondin said.

[Batman24]

I know, thats what the article sounds like. I can hardly beleive a cop would try that, I am going to see if I can find some more info on this. I mean that would be a felony, "Practicing nursing w/o a license" clearly

Not one person here says they would do it. It sounds like it was in the ER to me, not in jail, cause originally I was thinking a jail nurse may have done it, but even if I was the corrections nurse, I would NOT participate.

A nurse did it. I recall that from another article I read on the matter. I believe it was on this site. They didn't go after the nurse or hospital because they felt they were complying with the police.

[Balder_LPN, LPN]

If there was a court order would that cover the nurse or doc that did it?! I don't think I would do it without the legal protection of one.

I wouldnt do it unles the court order was to order me to do it.

[Batman24]

Here's the original article I read on this matter at this site. It states why they didn't go after the medical staff and hospital.

The man sounds like some kind of scumbag, but they should have gotten a court order.

http://www.tdn.com/articles/2008/02/01/area_news/doc47a2d2604bf81091772096.txt

[MrsCaseyRN]

A short time ago, a judge, here in SW Florida, threw out a blood test that was obtained in a hospital ER without the patient's consent. While I do not support anyone driving under the influence, I have always questioned the taking of blood. It is my understanding that a law enforcement officer may arrest someone, ask him to volunteer giving a blood sample but may only lock him up until he is sober. He can be charged with a DIU but any smart attorney can generally get him off. There is no way I would ever draw blood from anyone unless they gave me written consent, that I witnessed them signing.

Woody

I'm not to familar with it from the police perspective...if a person is driving drunk and refuses blood or urine tests, and the cops lock them up until sober, then even though they will be charged with DUI or DWI, they will likely get off because no samples for proof are obtained??? Is that correct?? So basically all someone has to do to get out of a DUI is refuse to give blood/urine?? Is that right??

If that is the case, while I still wouldn't take samples with out permission because of the current legal concequenses, (sp.?) the laws should be changed so that hospitals can obtain samples to proove someone is drunk driving. The thought that someone gets away with that based on any current laws is disturbing. Who are these people to take everyone else's lives in there hands by getting behind the wheel? As a nurse, I do my job and treat my pts equally. But as a person I have no tolerance or sympathy for drunk drivers. As a nurse I would not have forced the guy mentioned in the OP to give a urine sample because I can not legally do so, but personally I think if he was behind the wheel of a 2 ton weapon while drinking, he got what he deserved, and too bad he got $$ for it. He found a twisted way to profit from something he did wrong. Because honestly, if he wasn't drinking, he would have gladly offered up a sample. This reminds me of the story of the guy that way breaking into someone's house; fell and injured himself, and sued the house owners...and won!!