Physician Arrested

[PrincessFiona]

A Minneapolis ER doc was arrested this weekend. A murder suspect was brought in and refused a blood test to check for intoxication. State law says that if they refuse, a court order is required..most criminals know that they will eventually get that courter order, so they don't 'fight it'. This particular individual refused to be tested. The physician said that although he sympathized with the police he could not force anyone to undergo a procedure without their consent....(just like you can't force a pregnant woman to have a c-section if her baby is in danger, etc). Five hours later a court order was granted, blood was drawn, and the physician was arrested for obstruction of justice.

What is your take on that? I'm just shocked. If someone refuses treatmetn and the doc acts anyway then he'd be sued for negligence as well....

[SueC]

Sounds like a damned if you do, damned if you don't situation. Did they literally take the phypsician away in handcuffs? That sounds crazy! It sounds like the physician acted within the law--I'll be interested to hear how that situation turns out.

[PrincessFiona]

They literally came to the hospital and took him out in handcuffs. He was arrested on obstruction charges!

Was the suspect driving?
From studying for my OR driver's license... ...one thing I do remember is that it is an informed consent state, or something like that. By having a driver's license, you consent to having your blood taken, etc in the event that the police suspect you of driving under the influence. If that is the case, I think the dr was wrong to not do it.

I am shocked at the way they treated that doctor! I know that in North Carolina, they cannot perform a blood test on you without your permission. Of course, if you refuse a blood test, they automatically suspend your license. I don't know what the laws are in Minneapolis. I'm sure the patient would have sued if the doctor did a blood test and, even if it was legal for him to do that, the patient probably would have won in court.

[PrincessFiona]

Apparently they decided not to press charges after all...

Police back off charges for HCMC doctor

Associated Press


MINNEAPOLIS - Police decided Tuesday not to pursue charges against an emergency room doctor who was arrested after he refused to draw blood from a man suspected in a fatal stabbing.

Erik Lamont Lindsey had been drinking when he allegedly stabbed the victim early Saturday. Police brought the 35-year-old to Hennepin County Medical Center to get his blood alcohol tested.

But Dr. Marc Martel wouldn't draw Lindsey's blood without his consent. Martel also refused after police got a judge to telephone the doctor and tell him to draw the suspect's blood, police Capt. Rich Stanek said.

Police considered seeking misdemeanor obstruction charges against Martel for impeding the homicide investigation. But police administrators decided against that on Tuesday, spokesman Ron Reier said. He wasn't sure of the reason, but maintained that police still believe the doctor violated hospital policy.

A hospital spokesman, Tom Hayes, said Martel was just trying to follow hospital policy for protecting patient privacy by not doing "intrusive procedures" such as drawing blood without consent.

When a patient refuses to consent, the hospital requires a signed court order. But that is rarely necessary because patients, knowing an order will be obtained, usually consent, Hayes said.

The written order from Judge Diana Eagon didn't arrive until about 9 a.m., shortly after police arrested the doctor. A different doctor then drew the blood, five hours after officers brought Lindsey to the hospital.

Stanek said that delay could hurt the case because the test won't accurately show the suspect's blood-alcohol level at the time of the stabbing, which happened sometime before 1:30 a.m. Saturday.

Reier said that without an accurate blood-alcohol test, the suspect could attempt to use extreme drunkenness as a defense. Also, prosecutors need to know if a suspect was chemically impaired before they make a decision on charges, he said.

Results of the blood test weren't available Tuesday, but prosecutors charged Lindsey with one count of second-degree intentional murder and one count of second-degree unintentional murder.

Martel was not on duty Tuesday and did not have a listed phone number. He is continuing to work his regular schedule, Hayes said.

Because of the case, the hospital is working with the county attorney's office to review and clarify its policy, which has been in effect since about 2001, Hayes said. Martel has been at the hospital since 2000.

"We need to provide more information in the policy so it is more specific and there are no questions," Hayes said.

A 1966 U.S. Supreme Court ruling grants police the right to have blood drawn without a court order in cases where someone has died or if a person's death is highly likely, Stanek said.

Investigators appreciate the doctor's professionalism and dedication to ethics, Stanek said. "In this instance, however, I think he was wrong," the captain said.

The stabbing victim was Dwayne Payne, 25, of Harvey, Ill. Police said that Payne and a woman were visiting Lindsey's home in Minneapolis and that the two men got into a dispute while drinking.

Reier said Minneapolis police have always had a good working relationship with Hennepin County Medical Center.

"We've all learned from this example and I'm sure we won't have any future problems with it," he said.

Forget what I said about the driver's license. I guess you could still refuse and get your license revoked (I'm never going to pass this damn test).
I'm just surprised this hasn't come up before.