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Title: Utah nurse screams 'help me' as she's cuffed by cop for refusing to draw blood on unconscious patient, video shows
Source:
Fox News
URL Source: http://www.foxnews.com/us/2017/09/0 ... cious-patient-video-shows.html
Published: Sep 2, 2017
Author: Fox News
Post Date: 2017-09-02 00:34:39 by Pinguinite
Keywords: None
Views: 12575
Comments: 75
Nurse arrested for refusing to draw unconscious man's blood A Utah nurse screamed “help me” after a cop handcuffed her for refusing to draw blood on an unconscious patient July 26, police body camera footage showed. The video showed University of Utah Hospital nurse Alex Wubbels, an Alpine skier who participated in the 1998 and 2002 Winter Olympic games, calmly explaining to Salt Lake Detective Jeff Payne that she could not draw blood from a patient who had been injured in a car accident, according to The Salt Lake Tribune. Wubbels told Payne the patient was required to give consent for a blood sample or be under arrest. Otherwise, she said police needed a warrant. Payne threatened to imprison Wubbels if he was not given the blood sample, according to the video. “I either go away with blood in vials or body in tow,” Payne is shown saying. Wubbels, who was on the phone with her supervisor, explained the situation to the supervisor, who agreed with the nurse and reportedly told the cop, “sir, you’re making a huge mistake because you’re threatening a nurse.” Disturbing video shows Utah nurse dragged away by cop for refusing to draw unconscious patient’s blood https://t.co/y6ZjfDHeyp pic.twitter.com/k3SrUsSjqh — Raw Story (@RawStory) September 1, 2017 Upon hearing that, Payne announced Wubbels was under arrest and physically moved her outside the hospital while she screamed. Wubbels yelled, “Help! Stop! I did nothing wrong!” while being handcuffed. Payne was attempting to get a blood sample from a patient who was burned after being involved in a head-on crash with a pick-up truck driver that was fleeing police, the Washington Post reported. The driver died in the incident. Wubbels was not charged and police have started an internal investigation. Payne initially remained on duty although he was suspended from blood-draw duties. Later on Friday Utah police announced that he had been put on paid administrative leave. Police Chief Mike Brown said in a statement that his department will comply with the investigation into Payne. Salt Lake County's Unified Police Department will run the criminal probe into Payne's actions. Brown and the mayor of Salt Lake City have apologized for the incident and changed their policies to mirror hospital protocols. Christina Judd, a spokesperson for the Salt Lake City Police, said the department was alarmed by what they witnessed in the video. Judd said the department was working to investigate what went wrong and is seeking to repair the “unfortunate rift” it has caused. Wubbels said she had been told of other hospital employees being harassed by officers and this footage proved their claim. She has not pressed charges yet but would consider it if police did not change their ways. “I can’t sit on this video and not attempt to speak out both to re-educate and inform,” Wubbels told The Salt Lake Tribune. Police departments “need to be having conversations about what is appropriate intervention.” The hospital supported Wubbels actions and said it would consider pressing charges. "University of Utah Health supports Nurse Wubbles and her decision to focus first and foremost on the care and well-being of her patient,” said Suzanne Winchester, the hospital's media relations manager. “She followed procedures and protocols in this matter and was acting in her patient’s best interest. We have worked with our law enforcement partners on this issue to ensure an appropriate process for moving forward.” Poster Comment: I was unclear if the cop was expecting the nurse or staff to make the blood draw and they were refusing, or if the cop wanted to draw it himself and the staff was preventing him from doing so. This article clearly states the cop was expecting the staff to do it, in which case the nurse was arrested for refusing to do something the cop wanted. It seems the nurse, so far, is being nice in not suing the cop & department. That's characteristic of a true public servant.
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#6. To: Pinguinite (#0)
The cop was trained in drawing blood. The nurse was trying to prevent him from doing so. She was wrong. The cop was right. BUT, in order to maintain a good relationship between the police and the hospital, the police have to pretend it was their fault. Put me in charge and she'd be sitting in jail waiting for her trial of obstruction and resisting arrest. While she's sitting there she'll have time to become familiar with Utah state law which clearly says that a person gives their implied consent to a blood draw when they acquire a driver's license.
You contradict the fox news article which clearly states the cop wanted the hospital to do the blood draw. We appreciate the offer to volunteer, but...... no thank you! As is made clear, consent is a non-issue if the cop arrested the nurse for not drawing the blood. Unless you can show a law requiring licensed medical staff to draw blood of third parties upon police demand.
You contradict the Salt Lake Tribune headline which clearly states: "Video shows Utah nurse screaming, being dragged into police car after refusing to let officer take blood from unconscious victim"
Not necessarily. The officer clearly wanted to take the blood and stated as much (he would leave with either blood or body, I think it was). But the SLTrib article does not say who would do the actual blood drawing.
"to let officer take blood from unconscious victim". So you think that could mean he wanted the nurse to draw the blood, then place the vial of blood in the unconscious victim's hand, whereupon the cop would then take blood from the victim. That's how you read the headline? Why do you insist on making yourself look so incredibly stupid?
The SLTrib article does not explicitly say who was to draw the blood. The Fox news article, to which the AP contributed, does explicitly say the hospital staff was to draw. And the cop is on admin leave, which was a decision made by me. Just kidding, but you can have some fun with that I'm sure.
It does not matter at all who was going to draw the blood. As a matter of policy, the hospital would not allow non-staffers to draw blood. As to the larger legal question, the hospital was obligated to protect the rights of a vulnerable (unconscious) person from the moment they admitted the patient. They have custodial legal obligations by law in every state. If the cop was some kind of police phlebotomist or something, he should have drawn the blood before the patient came under the protective status of a hospital, i.e. prior to admission.
Detective Jeff Payne is a police phlebotomist. I suppose they could have called him to the accident scene to do the blood draw but my guess is that they wanted to get the victim to the hospital as quickly as possible, figuring they could could do the blood draw there. "As a matter of policy, the hospital would not allow non-staffers to draw blood." The hospital had a policy not to do blood draws unless certain conditions were met. Where did you read that police phlebotomists were not allowed to do so? "the hospital was obligated to protect the rights of a vulnerable (unconscious) person" Under the State of Utah law, drivers give up their right to refuse blood draws the moment they're issued a license. You may disagree with the law, but it is what it is until the citizens of Utah change it.
Then he should have done his job. Not go postal at some nurse who was only obeying written hospital policy. It was her job to refuse him, nothing but. Once that hospital receives an unconscious person, they assume many legal obligations for medical privacy and to prevent unauthorized medical procedures by anyone. That would include the patient's own doctor if they were not credentialed at that hospital or in that state. There are also HIPPA laws to protect patient privacy and all kinds of ethical guidelines to follow. Undoubtedly, there is statutory law in the state that comes to bear as well as a history of medical privacy cases in the state courts. No, if he wanted the blood, he had to get it before the patient was transferred from police/EMT custody to the custody of the hospital. Only if the patient was admitted under arrest would the cop have any excuse. Even then, the hospital simple would not allow any non-staffer to do anything that might cause harm or raise privacy issues for them. They would get sued for failing to protect the privacy of the patient while unconscious if they allowed that to happen and their policy does reflect that. You're just wrong. Is allowing free-range police vampires to suck the blood out of unconscious victims of reckless high-speed police chases that important to you?
She refused to allow him to do his job. Which is why she was arrested for obstruction. "No, if he wanted the blood, he had to get it before the patient was transferred from police/EMT custody to the custody of the hospital." Then why did he, a trained police phlebotomist, even go to the hospital? Certainly he knew he would be denied because "once that hospital receives an unconscious person, they assume many legal obligations for medical privacy and to prevent unauthorized medical procedures by anyone. That would include the patient's own doctor if they were not credentialed at that hospital or in that state. There are also HIPPA laws to protect patient privacy and all kinds of ethical guidelines to follow. Undoubtedly, there is statutory law in the state that comes to bear as well as a history of medical privacy cases in the state courts." Right?
Once he arrested her, what was to stop him from doing the blood draw? Kinda pokes holes in your little theories. For that matter, if he was fully entitled legally to draw that blood, he should have pulled his gun on her and forced her to stand aside while he drew the blood himself. So why didn't he (if you are correct that he is fully entitled to draw the blood of any driver at any time for any reason)? Hell, I'm surprised you aren't arguing that he should have shot the nurse dead on the spot for interference in law enforcement.
Please do not give him any ideas.
There are no replies to Comment # 73. End Trace Mode for Comment # 73.
Top • Page Up • Full Thread • Page Down • Bottom/LatestI was unclear if the cop was expecting the nurse or staff to make the blood draw and they were refusing, or if the cop wanted to draw it himself and the staff was preventing him from doing so.
#14. To: misterwhite (#6)
The cop was trained in drawing blood. The nurse was trying to prevent him from doing so. She was wrong. The cop was right.
Put me in charge and
#16. To: Pinguinite (#14)
You contradict the fox news article which clearly states the cop wanted the hospital to do the blood draw.
#19. To: misterwhite (#16)
You contradict the Salt Lake Tribune headline which clearly states:
"Video shows Utah nurse screaming, being dragged into police car after refusing to let officer take blood from unconscious victim"
#23. To: Pinguinite (#19)
But the SLTrib article does not say who would do the actual blood drawing.
#24. To: misterwhite (#23)
#45. To: Pinguinite, misterwhite, nolu chan (#24)
The SLTrib article does not explicitly say who was to draw the blood.
#57. To: Tooconservative (#45)
(Edited)
he should have drawn the blood before the patient came under the protective status of a hospital, i.e. prior to admission.
#66. To: misterwhite, nolu chan, Vicomte13, hondo68 (#57)
Detective Jeff Payne is a police phlebotomist.
The hospital had a policy not to do blood draws unless certain conditions were met. Where did you read that police phlebotomists were not allowed to do so?
#67. To: Tooconservative (#66)
Then he should have done his job.
#71. To: misterwhite (#67)
She refused to allow him to do his job. Which is why she was arrested for obstruction.
#73. To: Tooconservative (#71)
Hell, I'm surprised you aren't arguing that he should have shot the nurse dead on the spot for interference in law enforcement.
Replies to Comment # 73.
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