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IN: Forced catheterization for urine for police stated claim against hospital

By John Wesley Hall, Jr.

Forced catheterization by a hospital for urine sample and then turning urine over to police in a DUI case stated a claim for relief against the hospital. Elliott v. Rush Mem. Hosp., 2010 Ind. App. LEXIS 961 (June 11, 2010): In sum, we hold that Elliott's proposed complaint adequately stated factual issues regarding whether Elliott's urine sample was obtained pursuant to a written request meeting the dictates of subsection (g)(2), whether the taking of the sample constituted unreasonable force in contravention of subsection (g)(3), and whether forced catheterization constituted a "medically accepted manner" for obtaining a urine sample under subsection (i). The Defendants have not established that they are entitled to immunity as a matter of law under Section 9-30-6-6 against any civil claims Elliott might bring.continue to full post

Full post as published by Fourth Amendment on June 14, 2010 (boomark / email).