TexasCHLforum.com

VoiceofReason wrote:

gigag04 wrote:

jmra wrote:

gigag04 wrote:

jmra wrote:

jimlongley wrote:

jmra wrote:Where was the nurse who should have been acting as the patient advocate who would have stopped the procedure for lack of consent? Where was the risk management specialist for the hospital? Where was the hospital legal counsel who should have been consulted before action was taken?
I see major procedure changes at this hospital along with privileges being yanked from several doctors assuming they manage to get past the medical review board.

They had a warrant, so no lack of consent.

Warrant means nothing to medical personnel. A nurse could have stopped the procedure just as the doctor at the first ER did. I have a family member that runs an OR - showed the story to her and she laughed. You can bring any warrant you want into her OR, without patient consent they aren't touching the patient.

Not sure about other states. Texas can require assistance in executing a search warrant.

Just checked to make sure, not at a private hospital. Also a nurse or doctor practicing in Texas at a public hospital can refuse to comply based on the Hippocratic oath...first, do no harm. This info was confirmed with a local hospitals legal council.
ETA: in short, a warrant can compel a public hospital to comply but the hospital can not compel its employees to comply.

I was wrong...don't even need a warrant. Obv, we're teetering on the cutting edge of case law, so it is an extreme example. That said... The CCP could be applied (though poorly IMO) in a way to avoid the non-compliance of medical personnel.

Art. 2.14. MAY SUMMON AID. Whenever a peace officer meets with resistance in discharging any duty imposed upon him by law, he shall summon a sufficient number of citizens of his county to overcome the resistance; and all persons summoned are bound to obey.

Acts 1965, 59th Leg., vol. 2, p. 317, ch. 722.


Art. 2.15. PERSON REFUSING TO AID. The peace officer who has summoned any person to assist him in performing any duty shall report such person, if he refuse to obey, to the proper district or county attorney, in order that he may be prosecuted for the offense.

Let’s see. They would be trying to prosecute me for not assisting a police officer in performing what I believe to be an illegal act? If the “district or county attorney” was stupid enough to prosecute, and the judge didn’t laugh and throw the papers back at him, how do you think this would play to a jury?

jmra wrote:

gigag04 wrote:

jmra wrote:

jimlongley wrote:

jmra wrote:Where was the nurse who should have been acting as the patient advocate who would have stopped the procedure for lack of consent? Where was the risk management specialist for the hospital? Where was the hospital legal counsel who should have been consulted before action was taken?
I see major procedure changes at this hospital along with privileges being yanked from several doctors assuming they manage to get past the medical review board.

They had a warrant, so no lack of consent.

Warrant means nothing to medical personnel. A nurse could have stopped the procedure just as the doctor at the first ER did. I have a family member that runs an OR - showed the story to her and she laughed. You can bring any warrant you want into her OR, without patient consent they aren't touching the patient.

Not sure about other states. Texas can require assistance in executing a search warrant.

Just checked to make sure, not at a private hospital. Also a nurse or doctor practicing in Texas at a public hospital can refuse to comply based on the Hippocratic oath...first, do no harm. This info was confirmed with a local hospitals legal council.
ETA: in short, a warrant can compel a public hospital to comply but the hospital can not compel its employees to comply.

jmra wrote:

jimlongley wrote:

jmra wrote:Where was the nurse who should have been acting as the patient advocate who would have stopped the procedure for lack of consent? Where was the risk management specialist for the hospital? Where was the hospital legal counsel who should have been consulted before action was taken?
I see major procedure changes at this hospital along with privileges being yanked from several doctors assuming they manage to get past the medical review board.

They had a warrant, so no lack of consent.

Warrant means nothing to medical personnel. A nurse could have stopped the procedure just as the doctor at the first ER did. I have a family member that runs an OR - showed the story to her and she laughed. You can bring any warrant you want into her OR, without patient consent they aren't touching the patient.