She sure does. No warrant to obtain blood violates the HIPPA law of patient confidentiality, plus her rights under the fourth and fifth amendments. Including assault and battery.
She just hit the judicial lottery. It was all taped.
You are correct, the nurse followed hospital policy, and the law. She was in the right and if she pursues it she will get a nice chunk of money.
Another issue, most of the law concerning getting a blood test without consent, without warrant pertains to people that are under arrest. I think the reason hospital policy is what it is has to do with liability and HIPAA, along with other laws and case decisions since HIPAA became law. I don’t think many posters realize how the passage of HIPAA actually seriously restricted LE actions on patients. Before HIPAA LE could basically go to a hospital and do as they pleased. HIPAA makes medical professionals and their employer responsible for patient rights. Legally hospitals can no longer allow things that are contrary to law- and if they do they are responsible.
The hospital policy only allowed blood draws for or by LE if circumstances were one of three:
Patient consent; if that is the case the hospital/personnel are off the hook- the patient themselves made the decision.
Patient is under arrest; if that is the case the agency that arrested him is responsible for legalities of things they request or do to the patient. Again hospital/personnel off the hook for LE decisions.
Law Enforcement has warrant; in this case a judge has signed off on the request, putting responsibility on judge/LE Agency. Again the hospital is not responsible for actions done or ordered by LEO if there is a warrant. I do have to note I am aware of a case where there was a warrant but LE asked doctor to do more than warrant called for, and he complied with request- lawsuit lost by doctor and hospital on that one.
In all those circumstances the hospital and their personnel are off the hook for legalities of decisions made that LEO wants done or to do themselves to a patient.
If the hospital gets into exigent circumstances, probable cause and other details of law, then they are in the position of determining law and intent of that law. If they are wrong they are responsible for actions they do or allow to be done to patients by LEO under HIPAA and other laws governing patient care and rights.