DUI suspect gets $15,000 for forced catheterization

Published

Specializes in Urgent Care.

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.

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Specializes in ED, ICU, Heme/Onc.

hmm... the only time I cath a person is if they give consent (I can be awfully persuasive, especially with the LOLs who need lasix in the ED....), or if they are sedated and intubated. And I'm not forking over any bodily fluids unless there was a court order. The results our lab comes up with states in bold red letters that it is not used for evidence collection, but I leave that to the lawyers to decide what is evidence and what isn't. If the doc wants a UDS so we can figure out what an unresponsive, apneic individual has taken, I have no problem with that. But if the DA wants a blood or urine sample from an intubated, sedated patient, they better have themselves an airtight court order... and then I'll call the house supe and our own legal department to make sure that I'm not hung out to dry when the guy decides that he was "assaulted" by the ETT, the IV, the foley, the rectal tube and the soft wrist restraints.

I will not be a party to assault on anyone. Even the criminal handcuffed to the bedrail gets my full professional attention to whatever medical need brings them my way - just not tea and sympathy! (I do make sure the cop on duty gets some lunch or dinner AND the remote...;))

Blee

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Specializes in LTC, assisted living, med-surg, psych.

I don't care WHAT the authorities want: no way would I violate a patient's rights in this manner, even those of someone in legal custody. That's a no-brainer, IMHO.

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Specializes in icu, er, transplant, case management, ps.

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

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Specializes in ER/SICU/Med-Surg/Ortho/Trauma/Flight.

I agree with Blee and Las vegas, they can take me to jail if they want but Im not and wont do anything like that, and Im a house sup. lol.

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I totally agree... i would not do anything like that to anyone unless i had their consent. It is THEIR body no matter if their drunk or not!!!

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i wouldnt do it either. that is nuts.

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Specializes in Peds.

There is no way I would forcefully cath an adult male for such a thing. Let his probation officer deal with the consequences of violating the terms.

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I would have sued for my than $15,000. I can't believe a nurse would go along with that. Maybe a cop cathed him

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Specializes in icu, er, transplant, case management, ps.

The one thing that no longer surprises me, is the extent that law enforcement will go, violating an individuals rights. And my late uncle was a dective with the NYPD. I was once threaten with arrest after a physician and I had rejected a patient for admission to one of our psych units. He clearly did not meet the requirements and the deputy was told so. I escorted the potential patient out to the deputy's car and told him to take him off our hospitals grounds. After some heeming and hawing, he finaly took the patient and left. Three hours later, he should up looking for me. He told me I was under arrest for interfering with a police officer in the performance of his duties. HUH??? One of the other nurse's called our hospital administrator and told him to bug off(not in those exact words). And I told him, if he insisted on arresting me, I certainly hoped the county had good insurance, I would sue the hell out of the department and the county. He quietly left.

I am all for police officers doing their sworen duty. I do have a problem when they exceed the limits of their duty. And expect me or any other nurse to help them violate a person's civil rights. If we aid them, we are only doing our own rights in.

Woody

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Specializes in Urgent Care.
Maybe a cop cathed him

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.

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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.

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