The hospital is not looking to prosecute the patient, you are and their civil rights come into play.
Do I lose all my Constitutional Rights if I am unconscious?
Just read the Fourth Amendment with my eight-year old after she saw the video (Mom is an ER nurse).
SHE (the eight-year old) understands this perfectly well.
The right of the People to be secure in their persons...no warrants shall issue except upon probable cause...
This is NOT complicated.
Was anybody looking to prosecute the patient?