Nurse Lives Matter

 

So this just happened:

A nurse caring for a burn patient involved in a car crash in July refused to draw blood on her intubated, sedated patient for a police officer investigating the crash. Per hospital policy agreed upon with the Salt Lake City PD, patients must have a warrant for their arrest, be under arrest, or give consent in order to have blood drawn — this patient had none of the above.

When this nurse, with hospital administration on the phone, refused the blood draw the detective became unhinged. She was dragged out of the hospital and handcuffed for “interfering” in the investigation. U. of Utah and Public Safety officers were present at the time of the incident and did not intervene. After the arrest, the detective wonders aloud to another officer how this event will affect his off-duty job transporting patients for an ambulance company.

“I’ll bring them all the transients and take good patients elsewhere,” he says. The detective continues to be on duty for the police department while an internal investigation is conducted.

Y’all. Wow. I’m at a loss, truly. Healthcare professionals expect abuse from patients and the occasional administrator, but never police. There has long been an understanding between police officers and nurses, one of mutual respect. That’s how I’ve gotten out of ever getting a ticket. I realize this is an isolated incident, but it’s still terrifying to think that I could be arrested by some hothead officer for following hospital policy and advocating for my patient.

What makes it extra scary is the lack of intervention by hospital police. Working in the ED, I interact closely with our public safety officers and feel as though they support me 100 percent. I cannot imagine the guys I work with letting something like this happen, but who knows. I pray I’m never in the position to find out.

Any nurses out there ever experienced anything like this?

Nursing is one of the hardest professions I know of. We are verbally and physically abused by patients and their families; we are expected to provide flawless care with high patient ratios and often times little auxiliary support; we stand up to doctors when they enter incorrect orders or make poor decisions for our patients; we don’t have time to eat, pee, or complete the mountains of CYA charting we are expected to complete. It is a tough road to travel. If you know a nurse, tell them how much you appreciate all that they do to care for our society.

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  1. Flyover Country Member
    Flyover Country
    @FlyoverCountry
    • #61
  2. Hammer, The Inactive
    Hammer, The
    @RyanM

    (whoops)

    No way, I’ve always been super nice to my nurses and they loved working with me.  :)

    Dealing with belligerent people sucks all around.  Same with police officers (and lawyers and judges and social workers and GAL’s and … and …) who think they have more power than they actually do, and then who react strongly when you tell them they don’t, in fact, have that power.

    • #62
  3. Bob W Member
    Bob W
    @WBob

    Even if they had a warrant or whatever, you can’t arrest her for not drawing the blood. What would be the reason for arrest? You just complain to her boss and get someone else to do it and then she faces her boss.

    • #63
  4. Vicryl Contessa Thatcher
    Vicryl Contessa
    @VicrylContessa

    Bob W (View Comment):
    Even if they had a warrant or whatever, you can’t arrest her for not drawing the blood. What would be the reason for arrest? You just complain to her boss and get someone else to do it and then she faces her boss.

    Actually, she was telling the cop that he couldn’t do the blood draw.

    • #64
  5. Ed G. Member
    Ed G.
    @EdG

    Bob W (View Comment):
    Even if they had a warrant or whatever, you can’t arrest her for not drawing the blood. What would be the reason for arrest? You just complain to her boss and get someone else to do it and then she faces her boss.

    Agreed. I can’t see any reason that should not have been the course of action. The only hesitation I have is that I’m not the most creative or brightest, and just because I can’t think of a scenario doesn’t mean one doesn’t exist. At the very least I’d like to hear the cop’s explanation before figuring out who is right wrong and to what extent punishment is deserved.

    • #65
  6. Patrick McClure Coolidge
    Patrick McClure
    @Patrickb63

    Vicryl Contessa (View Comment):

    Bob W (View Comment):
    Even if they had a warrant or whatever, you can’t arrest her for not drawing the blood. What would be the reason for arrest? You just complain to her boss and get someone else to do it and then she faces her boss.

    Actually, she was telling the cop that he couldn’t do the blood draw.

    She was protecting her unconscious patient, which she had both a right and a duty to do.

    • #66
  7. Skyler Coolidge
    Skyler
    @Skyler

    Sue the cop.  Sue the police force.  Sue the police officers who stood by and watched.

    Then petition to have the police officer arrested.  A badge is not a license to assault.  He wanted to assault the patient and he did assault the nurse.

    I do not like cops in general, though some are not horrible, and the more garbage like this I see, the less I am sympathetic to them.

    • #67
  8. Bryan G. Stephens Thatcher
    Bryan G. Stephens
    @BryanGStephens

    Ed G. (View Comment):

    Bryan G. Stephens (View Comment):

    JcTPatriot (View Comment):

    …..

    Except, Patrick, that it wasn’t the law. She had Hospital Policy in her hand. We all agree the cop was wrong, but she didn’t have any law on her side, and neither did he.

    Except she did. Legally he did not have the right to demand she draw blood, and he had no right to make any orders about her being in the room in the ER anymore than a Cop has a right to burst into your home and order you about. ….

    Very likely true Bryan. However, there seems to have been some dispute whether that was true or not and they both had competing orders*. On-scene is not the place to sort it out; IMO the police orders typically outrank in the moment. If the police were wrong then court and lawsuits are the places to sort it out.

    Complicating this further, though, is that the officer overreacted in his handling of the situation even if he were ultimately correct in principle too. Throwing the nurse around like that is it’s own level of wrong with seemingly no context which would excuse it, not even an arrest attempt.

    *In the thread there was some mention of a city phlebotomy program which might have been the consent needed – I don’t know anything, just possibilities to be fleshed out before we decide who is wrong egregious or not.

    Bull. He is on private property and issuing orders. He has no right. He was wrong and should be punished. He assulted that Nurse. Period. It is so clear. If nothing happens, it is one more example of the corruption of the police across the nation.

    • #68
  9. Skyler Coolidge
    Skyler
    @Skyler

    Vicryl Contessa (View Comment):
    the detective demanded access to the patient in order to draw the patient’s blood himself as part of a police phlebotomy program.

    Well, that’s a scary program even without this incident.

    • #69
  10. Vicryl Contessa Thatcher
    Vicryl Contessa
    @VicrylContessa

    A friend of mine just posted this on FB after she and I were discussing this case. Here’s another post about a cop arresting a nurse for refusing to obtain a blood sample before the patient had been triaged.

    http://abc7chicago.com/archive/7025469/

    • #70
  11. Skyler Coolidge
    Skyler
    @Skyler

    Curt North (View Comment):
    I hate lawyers in general (sorry to my lawyer Ricochetti friends but you’ve brought that upon yourselves, for hundreds of years) but I fully support this woman suing this officer and the Salt Lake City PD,

    Don’t hate the lawyers.  Hate the juries.  The lawyers don’t decide anything.  It’s the judge and the jury that do the deciding.

    • #71
  12. Boss Mongo Member
    Boss Mongo
    @BossMongo

    Curt North (View Comment):
    There is a second video from the other officers body-cam, it shows the anger on the arresting officers face.

    And yet he, too, did nothing.  I hope this nurse soooo becomes a millionaire over this.  And requires the PD to get an extra 17 hours per annum on “how not to be a D-Bag, actively or passively.”

    • #72
  13. Skyler Coolidge
    Skyler
    @Skyler

    JcTPatriot (View Comment):
    Except, Patrick, that it wasn’t the law. She had Hospital Policy in her hand. We all agree the cop was wrong, but she didn’t have any law on her side, and neither did he.

    Really?  Assault on a comatose man is legal now, without a warrant?  I think that’s wrong in every jurisdiction I’m aware of.  With a warrant, all is possible.  Without, not so much.

    • #73
  14. Odysseus Inactive
    Odysseus
    @Odysseus

    Kate Braestrup (View Comment):
    Here’s the thing: even if the officer believed he had cause to arrest the nurse, there was no reason to go hands-on with her.

    I couldn’t agree more. He could have said, “I’m sorry, ma’am, but I’m gonna have to arrest you. Please come quietly.” He would still have been wrong, because he couldn’t order her to draw blood, but to go from a conversation about legalities to what can only be described as a violent attack is just madness. I can only imagine the officer in question was under great stress, probably on an empty stomach, and just lost his cool in what should be a career-affecting mistake. I do hope the hospital backs up their nurse to the nines, since it would appear (at least from that short clip) that she did everything right.

    • #74
  15. ERIC PIERSON Thatcher
    ERIC PIERSON
    @ERICPIERSON

    Vicryl Contessa (View Comment):
    The attorneys for the hospital should be all over this. I can’t imagine the hospital letting this guy get away with this. Nurses trust that the hospital will come to their defense in the event of wrongful doings such as this.

    I wonder if the hospital’s attorneys have watched the longer (19:22 minute) version of this episode. Officer Payne (ie the dirt-bag) later threatens retaliation against the hospital. He has a second job working on an ambulance team. He said out loud that “I’ll bring ’em all the transients and take the good patients elsewhere.”

    You also get to see and hear the idiot Lt that ordered all this come and mangle all the actual law when talking at the nurse in the back of the unmarked cruiser.

    Cool side note: Nurse Wubbels, whose maiden name is Alex Shaffer, was a two-time Olympian in alpine skiing, competing in the 1998 and 2002 Winter Olympics

    http://www.deseretnews.com/article/865687903/Stop-I7ve-done-nothing-wrong-Nurse-shares-police-video-of-crazy-arrest-by-SL-officer.html  Sorry if I screwed up the link insertion.

    • #75
  16. Fake John/Jane Galt Coolidge
    Fake John/Jane Galt
    @FakeJohnJaneGalt

    Matt White (View Comment):

    Fake John/Jane Galt (View Comment):

    Kate Braestrup (View Comment):

    Fake John/Jane Galt (View Comment):
    You are cop or you are little people. It is just that simple. Not sure why you guys are surprised by what is some thing that happens regularly? Sure the nurse may get out of this but it will cost her one way or the other. That is the point.

    The cop will get some sort of “administrative leave” paid vacation and nothing will come from it. The nurse may get fired for allowing this mess to get to this point and especially out to social media. This is how authority works.

    Sigh.

    I suppose I could write about a few abusive (even fatal) encounters I’ve had or had reason to learn about involving medical personnel—that, too, is how authority works—but I won’t.

    The police officer is at fault. As you know, I am about as pro-cop and inclined to give LEOs the benefit of the doubt as anyone, but this is a big screw-up.

    Here’s the thing: even if the officer believed he had cause to arrest the nurse, there was no reason to go hands-on with her. He had plenty of back-up, there was no reason to believe she wouldn’t comply with verbal commands or was likely to resist. Grabbing her and slamming her around was a needless escalation of the use of force even if you assume the arrest was warranted.

    He lost his temper. I don’t know why. Even if he had a really bad day, you don’t get to take out your bad day on other people anymore than the nurse does. Full stop.

    Why is the police officer at fault? According to the officer he was following the orders of the watch commander on duty that night.

    Per article

    Payne — who says he wanted the blood sample to protect the patient, not punish him — said he was advised by Lt. James Tracy, the watch commander on duty that night, to arrest Wubbels for interfering with a police investigation if she refused to let him get the sample, according to his report.

    This is not a instance of a cop having a bad day. This was a cop following specific orders by his command. This is an instance of authority acting like authority. Just because you do not believe this is how authority acts does not make it not so.

    In that case we have a paramilitary organization making war against the people of the United States. It needs to be taken down.

    Not really.  Anything system you replaced it will will be as bad if not worse in its abuse of those it claims power over.  Also the current system will not stand down without a fight.  The transition period will most likely hurt more people to a worse degree than the current system in place.

    • #76
  17. Chuck Enfield Inactive
    Chuck Enfield
    @ChuckEnfield

    Arahant (View Comment):

    Bryan G. Stephens (View Comment):
    I know there are many nice cops, but some are just total bullies.

    Yes, some are. And perhaps he had also been through a lot that day. Was it a one-car accident? Were there any other people involved or killed? Was it the officer’s third accident investigation of the day? Or, is he just a power-mad jerk? We don’t know enough from this, but the possibility is certainly there.

    Doesn’t matter.  The power to arrest is serious.  Doing it with callous disregard for the law should be a crime.  Anybody who is a detective should know better.  If he doesn’t know better he should be fired for incompetence.  If he does know better he’s no more entitled to do it because he had a bad day than I would be to kick his butt at a traffic stop because I had a bad day.

    • #77
  18. Ed G. Member
    Ed G.
    @EdG

    Bryan G. Stephens (View Comment):

    Ed G. (View Comment):

    Bryan G. Stephens (View Comment):

    JcTPatriot (View Comment):

    …..

    Except, Patrick, that it wasn’t the law. She had Hospital Policy in her hand. We all agree the cop was wrong, but she didn’t have any law on her side, and neither did he.

    Except she did. Legally he did not have the right to demand she draw blood, and he had no right to make any orders about her being in the room in the ER anymore than a Cop has a right to burst into your home and order you about. ….

    Very likely true Bryan. However, there seems to have been some dispute whether that was true or not and they both had competing orders*. On-scene is not the place to sort it out; IMO the police orders typically outrank in the moment. If the police were wrong then court and lawsuits are the places to sort it out.

    Complicating this further, though, is that the officer overreacted in his handling of the situation even if he were ultimately correct in principle too. Throwing the nurse around like that is it’s own level of wrong with seemingly no context which would excuse it, not even an arrest attempt.

    *In the thread there was some mention of a city phlebotomy program which might have been the consent needed – I don’t know anything, just possibilities to be fleshed out before we decide who is wrong egregious or not.

    Bull. He is on private property and issuing orders. He has no right. He was wrong and should be punished. He assulted that Nurse. Period. It is so clear. If nothing happens, it is one more example of the corruption of the police across the nation.

    Not even a little hesitation to find out what the cop would have to say for himself? Not even a little hesitation to find out whether he did have a right? The video is all you need?

    • #78
  19. Frank Soto Member
    Frank Soto
    @FrankSoto

    Ed G. (View Comment):

    Bryan G. Stephens (View Comment):

    Ed G. (View Comment):

    Bryan G. Stephens (View Comment):

    JcTPatriot (View Comment):

    …..

    Except, Patrick, that it wasn’t the law. She had Hospital Policy in her hand. We all agree the cop was wrong, but she didn’t have any law on her side, and neither did he.

    Except she did. Legally he did not have the right to demand she draw blood, and he had no right to make any orders about her being in the room in the ER anymore than a Cop has a right to burst into your home and order you about. ….

    Very likely true Bryan. However, there seems to have been some dispute whether that was true or not and they both had competing orders*. On-scene is not the place to sort it out; IMO the police orders typically outrank in the moment. If the police were wrong then court and lawsuits are the places to sort it out.

    Complicating this further, though, is that the officer overreacted in his handling of the situation even if he were ultimately correct in principle too. Throwing the nurse around like that is it’s own level of wrong with seemingly no context which would excuse it, not even an arrest attempt.

    *In the thread there was some mention of a city phlebotomy program which might have been the consent needed – I don’t know anything, just possibilities to be fleshed out before we decide who is wrong egregious or not.

    Bull. He is on private property and issuing orders. He has no right. He was wrong and should be punished. He assulted that Nurse. Period. It is so clear. If nothing happens, it is one more example of the corruption of the police across the nation.

    Not even a little hesitation to find out what the cop would have to say for himself? Not even a little hesitation to find out whether he did have a right? The video is all you need?

    He didn’t have the right to obtain the sample, and he certainly didn’t have the right to respond as he did.

    • #79
  20. Fake John/Jane Galt Coolidge
    Fake John/Jane Galt
    @FakeJohnJaneGalt

    Patrick McClure (View Comment):

    Vicryl Contessa (View Comment):

    Bob W (View Comment):
    Even if they had a warrant or whatever, you can’t arrest her for not drawing the blood. What would be the reason for arrest? You just complain to her boss and get someone else to do it and then she faces her boss.

    Actually, she was telling the cop that he couldn’t do the blood draw.

    She was protecting her unconscious patient, which she had both a right and a duty to do.

    Who gave her this right and duty?  How was she protecting her unconscious patient?  Was anything the officer requesting endangering the patients life?

     

    • #80
  21. Skyler Coolidge
    Skyler
    @Skyler

    Ed G. (View Comment):
    Not even a little hesitation to find out what the cop would have to say for himself? Not even a little hesitation to find out whether he did have a right? The video is all you need?

    Yes.  Yes it is.

    • #81
  22. Skyler Coolidge
    Skyler
    @Skyler

    Fake John/Jane Galt (View Comment):
    Who gave her this right and duty? How was she protecting her unconscious patient? Was anything the officer requesting endangering the patients life?

    Well, that question just perverts a couple hundred years of American jurisprudence.

    “The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.”

    I think this comes under the “secure in their persons” category.

    The police do not have the authority to search anyone, including comatose people, without a warrant.  Inserting a needle into a non-consenting person is assault.

    • #82
  23. Dean Murphy Member
    Dean Murphy
    @DeanMurphy

    Bryan G. Stephens (View Comment):
    In my experience, police and the courts poorly understand both Hipaa and confidentiality.

    The hospital administration is at fault here too for not backing up the nurse. I would be firing someone.

    I agree, but what should other people at the scene have done?  Fight with the cop?

    It appeared to me that the officer reacted to the administrator on the phone saying “you’re making a huge mistake by threatening a nurse…”; that’s when he grabbed for the phone and the nurse’s hand.

    • #83
  24. Skyler Coolidge
    Skyler
    @Skyler

    Dean Murphy (View Comment):
    I agree, but what should other people at the scene have done? Fight with the cop?

     

    Legally they could have, but that would be a very unwise thing to do.  The other officers there should have intervened, because they have a lot more credibility with the criminal assaulting the nurse, and their actions could have prevented this.

    However, even the police have no obligation to stop crimes.  Their role is supposed to be to react to crimes after they are committed.

    • #84
  25. Frank Soto Member
    Frank Soto
    @FrankSoto

    Ed G. (View Comment):

    Bob W (View Comment):
    Even if they had a warrant or whatever, you can’t arrest her for not drawing the blood. What would be the reason for arrest? You just complain to her boss and get someone else to do it and then she faces her boss.

    Agreed. I can’t see any reason that should not have been the course of action. The only hesitation I have is that I’m not the most creative or brightest, and just because I can’t think of a scenario doesn’t mean one doesn’t exist. At the very least I’d like to hear the cop’s explanation before figuring out who is right wrong and to what extent punishment is deserved.

    Honestly Ed, if you cannot see this video and the officer absolutely losing his mind as reason enough for him to never work as a cop again then you have a crazy view of police power.

    • #85
  26. Buckpasser Member
    Buckpasser
    @Buckpasser

    Has @jackdunphy or @dougwatt weighed in yet?

    • #86
  27. Skyler Coolidge
    Skyler
    @Skyler

    Buckpasser (View Comment):
    Has @jackdunphy or @dougwatt weighed in yet?

    He’ll explain that the poor police officer was over worked and it’s all the fault of the police department that is overly politicized.

    • #87
  28. Ed G. Member
    Ed G.
    @EdG

    Frank Soto (View Comment):

    Ed G. (View Comment):

    Bob W (View Comment):
    Even if they had a warrant or whatever, you can’t arrest her for not drawing the blood. What would be the reason for arrest? You just complain to her boss and get someone else to do it and then she faces her boss.

    Agreed. I can’t see any reason that should not have been the course of action. The only hesitation I have is that I’m not the most creative or brightest, and just because I can’t think of a scenario doesn’t mean one doesn’t exist. At the very least I’d like to hear the cop’s explanation before figuring out who is right wrong and to what extent punishment is deserved.

    Honestly Ed, if you cannot see this video and the officer absolutely losing his mind as reason enough for him to never work as a cop again then you have a crazy view of police power.

    Honestly, I don’t think the video shows the officer absolutely losing his mind. I think it shows him overreacting, possibly to such an extent that he should lose his job but I’d like some more info before making that determination. I’m not sure there is a case for assault; if he was acting in his capacity (even if he was wrong about the point of law) then at best he needs reprimand or retraining or termination but I think the bar for assault here would be pretty high and I think it should be that way. As I said, I’d like to hear what the cop has to say for himself before crucifying him; I’d like to hear more about the circumstances before declaring with certainty who had what rights just based on this video. If you think that’s crazy then so be it.

    • #88
  29. Marley's Ghost Coolidge
    Marley's Ghost
    @MarleysGhost

    Matt White (View Comment):

    Mitchell Messom (View Comment):
    If there is no other context to this video at all, this is just horrifying.

    There’s no context that can improve this. Just be glad it’s on video.

    This isn’t police work. It’s just plain tyranny. If he’ll do this with all those credible witnesses around, imagine what he does to his victims when there’s no one else around.

    Exactly my line of thinking.  This all goes back to the culture that we have allowed where police, even in non-violent situations let themselves act as judge and jury, and then proceed to act in a completely irresponsible fashion.  The citizens of that city should not permit this and that police officer should be held accountable for his actions.

    • #89
  30. Amy Schley Coolidge
    Amy Schley
    @AmySchley

    Skyler (View Comment):

    Fake John/Jane Galt (View Comment):
    Who gave her this right and duty? How was she protecting her unconscious patient? Was anything the officer requesting endangering the patients life?

    Well, that question just perverts a couple hundred years of American jurisprudence.

    “The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.”

    I think this comes under the “secure in their persons” category.

    The police do not have the authority to search anyone, including comatose people, without a warrant. Inserting a needle into a non-consenting person is assault.

    It’s almost like the lawyers are onto something. :D

    Ed G. (View Comment):
    Not even a little hesitation to find out what the cop would have to say for himself? Not even a little hesitation to find out whether he did have a right? The video is all you need?

    The only thing that context can provide is whether he’s unfit to be a line officer or whether he’s unfit to be in the police force, period. No private employee in this country could threaten to batter a person, batter a person defending the first, and illegally imprison the defender without severe career, civil, and probably criminal penalties.

    Let us give him every benefit of the doubt — that he was a model police officer in every respect without a single complaint for his entire career who simply snapped after a day of freak hellish circumstances. He still should not be representing the police department to the citizenry. Maybe justice would be to let him work pushing paper in the bowels of the department where he will never again see the light of day, but he should never be issued a badge if he is capable of disrespecting it so thoroughly, much less a gun and a pair of handcuffs.  And that’s the best case scenario.

    I really hope this nurse finds a good lawyers and sues the crap out of the officer and the department for such flagrant abuse under color of law.

    • #90
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