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To: JoeRed
The patient is a commercial truck driver who was operating a semi truck when the accident occurred. The other driver died. The situation required that a blood test be taken.

Assuming that is true, and assuming there is a federal law requiring such under these circumstances, then you have a point.

However, as far as I can tell from the video, that point was never made to her or anyone else at the hospital. The nurse was simply following the orders of her bosses and the hospital's policy.

The nurse refused to allow the blood test and was arrested. She did not refuse to "allow" the blood test, she refused to do the blood test. It is one thing for a cop to force a private citizen to step aside and not interfere with the cop while the cop does his job. It is an entirely different thing for a cop to force a licensed medical professional to perform a medical procedure when that professional's hospital policy and administrator are telling her that is not authorized. It puts her career in jeopardy, as well as potentially subjects her to civil damages.

Arresting her was utterly useless. It did nothing to advance his goals of getting the blood test, unless somehow he then used it to bully some other nurse into drawing the blood.

Under those circumstances, it is a significant stretch to suggest that she was committing a crime by refusing to undertake what she thought was an illegal, unauthorized and unnecessary medical procedure based solely on the word of a cop when every other authority was telling her not to, and the cop was not citing any other authority.

Obstructing justice means refusing to obey the lawful commands of an officer. All the evidence being presented to her was that this officer's command was not legal, and would potentially subject her to personal liability and career harm.
107 posted on 09/01/2017 8:59:34 AM PDT by caligatrux (Rage, rage against the dying of the light.)
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To: caligatrux

Excellent rebuttal.


108 posted on 09/01/2017 9:01:28 AM PDT by trisham (Zen is not easy. It takes effort to attain nothingness. And then what do you have? Bupkis.)
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To: caligatrux

“She did not refuse to “allow” the blood test, she refused to do the blood test”

No, she refused to allow it. The police officer is a trained phlebotomist.

As far as the claim that the police didn’t explain it well enough, the article says that the police called the hospital ahead of time and the hospital basically refused to accept what the police told them.


129 posted on 09/01/2017 9:27:44 AM PDT by JoeRed
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