Patient-Police Statements

JKL33 · Sep 3, 2020

I don't know why this would be a heated topic.

I try to have a professional/respectful (brief) convo with the officers...just say that we're still in the process of figuring out what's going on medically. I don't divulge any info that I shouldn't and I don't tell them they can't do their job, but it's just a basic low-key convo. I haven't had that many officers interested in trying to get in there with the kind of thing you're talking about...mostly they give people their card/report number or whatever or (? I guess) just write their report without trying to get info that the patient really isn't fit to answer. I don't know...

Have you felt that you can't just talk to the officers about it?

Guest219794 · Sep 6, 2020

I think it is important for cops to be able to do their job.

While at work, it is my job to take care of patients from a medical perspective, and don't let anything get in the way of that.

That being said, I have always been able to have reasonable conversations with law enforcement, and there has never been an unresolved conflict of interests.

marienm, RN, CCRN · Sep 6, 2020

I did ask/tell a detective that he couldn't interview a patient at 0300. The patient had been injured while committing a crime (this was known), no one else was injured, pt not a flight risk due to extreme pain and nature of injuries. Pt had been borderline delirious/in withdrawal/hadn't slept in several days and was finally asleep. Interview is obviously not urgent because it was several days after the crime. The detective at first said he worked night shift so he needed to do the interview at that time...but as he was explaining this you could see him realizing how dumb this sounded. He sort of muttered "I'll come back..." And then I never saw him again. So I was glad it worked out, but if the detective had absolutely insisted then I'm not sure that I could have *prevented* him from seeing the patient. I'm glad we were able to just have a productive conversation about it instead.

brume, BSN · Sep 24, 2020

Everyone has the right to have a lawyer present during questioning. Unfortunately not everyone is aware of that. I think it would be appropriate to inform patients about this and tell them that they do not have to answer any questions without a lawyer present. I would absolutely intervene if a cop was trying to interview a patient who was in pain/not fully conscious/delirious/drunk/high.

amoLucia · Sep 24, 2020

OP - might you bring this up to your facility's Legal Dept or Ethics Dept?

brume - I may watch too much legal/cop TV, but I think that you're talking something about Miranda-rights. I think that happens if an arrest has been made. Not certain about just general questioning. I may be wrong here!?!?

But certainly, I support protecting any pt from any self-action for which they may be cognitively impaired and not totally competent/responsible at that time.

brume, BSN · Sep 24, 2020

@amoLucia It really is law that all have the right to a lawyer present during questioning. (I’m not sure of the rules for undocumented people—they definitely don’t have the right to free legal counsel.) Even more important is that no one is required by law to give information to police. (Grand juries are a different and more complicated story... but that would be out of our scope!) The right to remain silent is in the 5th amendment. If a patient is not under arrest or being detained, they can flat out refuse questioning altogether. I would definitely remind patient and police of the patient’s right to remain silent!

amoLucia · Sep 24, 2020

I am sooooo out of my ballpark here, like I said I wasn't sure.

My brain is spinning all kinds of hypothetical situations.

**canoehead, BSN, RN** · Nov 12, 2020

About 12 years ago in Maine I was the only nurse working a 7 bed ER. An intoxicated patient was brought in by police to be treated for injuries...a few hours later released into police custody. They weren't serious injuries.

Three officers were at bedside, and they did the usual statement "you have the right to remain silent" and the patient stated he did not want to answer questions. they stayed with him for ten minutes and just chatted, then started asking him about the crime in spite of what he had stated. (He was too drunk to have any short term memory)

I called my supervisor at home and asked if it was OK for them to go ahead with questioning him on hospital property, she said the physician needed to decide if he was competent. The physician refused to return to assess him, so I asked the police to stop questioning him. they refused to do so, so I asked them to leave the room. I called my supervisor back to check in and she agreed with my actions. I asked them to leave again and they threatened to arrest me for interfering with their investigation. I told them to go ahead...but the senior officer shook his head, and it didn't happen. Basically they powered down on the questions and the patient was released shortly after my shift.

I made an incident report and the hospital lawyers and police brass got involved, they came and made a formal apology to me, and my supervisors backed my moves. The logic was that as health care providers we look out for the patients best interest. Also the hospital is private property and they don't have a right to enter if we don't allow it. So...any questioning needs to stop on hospital property if we say the patient cant make decisions. The patient was in custody, so they had to stay in the room, but delay their investigation until he was released or cleared.

I very much recommend calling the hospital brass before you disagree with cops, make sure they are in agreement and aware that there is a possible conflict.