Was the written agreement in the event the hospital/nurses/doctors were doing the blood draw or ? The detective was going to do his own blood draw in this case. How does the hospital handle this (i.e. “exigent circumstances”):
http://www.utahduilegal.com/warrantless-blood-draws/
We need more info. on the case...I am sure a jury will be hearing it all!
There won’t be a jury because the city’s liability insurance carrier will be negotiating a settlement. There is no way in hell they are going to allow that video to be played to jury.
The unconscious guy is not the perp, the perp is dead so there are no exigent circumstances.
It is my understanding the laws about blood draws apply to the driver not the medical professionals. The agreement only allowed for the conditions listed. I think there are a lot of legal issues here for lawyers to quibble over. The nurse followed hospital policy and laws concerning patient care and rights.
This case gets settled, it will never see a jury.