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  1. #1
    Join Date
    Jul 2011
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    6

    Default Medical Coercion

    My question involves police conduct in the State of: Indiana

    Hello, I have a question from an incident that occurred 2 years ago. I was in a single car accident , I was the only one in the car. I found out later that I had 1 fractured vertebrae, and 1 that was "shattered". There was also damage to the discs and such.

    At the hospital they would not give me pain medicine even though I was in so much pain that I could not stop yelling and cursing, also my legs were kicking uncontrollably, and I was bucking and writhing on the bed. The police officer and the charge nurse wanted me to sign some papers, but I was in so much pain I could not be still enough to read them. The Nurse said "If you do not comply you will not receive medical treatment", so being in pain I signed the papers one after the other. The officers papers where for doing a blood test, which came back saying I was over the limit for BAC.

    My question is was that coercion or duress. I felt as if I had no choice but to sign the papers, and if I did not then I could have died or been seriously mamed for life. Oh and they did not give me pain medicine untill they drew blood 3hours later.

    Thanks in advance.

  2. #2
    Join Date
    Sep 2005
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    73,216

    Default Re: Medical Coercion

    Either you were charged or you weren't. If you weren't, you weren't. If you were, I expect your case is long over; you would have had the option back then to try to assert that your consent was not voluntary based upon your medical condition. I expect that the document the nurse was talking about, though, was your implied consent form for medical treatment (and possibly an agreement to pay for your care), not a consent to allow the police to take a blood sample.

  3. #3
    Join Date
    Jul 2011
    Posts
    6

    Default Re: Medical Coercion

    Sorry, this is an issue because I just found out that I have an arrest warrant. I had contacted the sheriff in that county to get a report of the accident, but they would not release it saying it was incomplete, unfinished or under review. Since then I renewed my license, voted, made 2 reports to the police about theft and filed the reports with my name. I thought this matter was done, but last month I went and renewed my passport, which was denied because I had a felony warrant from this incident.

    The nurse actually made sign both documents, she put them one on top of the other so I could sign them both quickly. Yes I knew what they were for, but the nurse made seem as if I had no choice but to sign them, in the presence of the cop, who did not try to correct her.

    I am planning on turning myself in this week, once I get everything in order.

  4. #4
    Join Date
    Jan 2006
    Posts
    27,034

    Default Re: Medical Coercion

    it's not the cops job to stop you from signing something. If you knew what both documents were, why did you sign the one that allowed the blood alcohol test?

  5. #5
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    Sep 2005
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    Default Re: Medical Coercion

    If the nurse is handing you a form that you must sign in order to consent to treatment, and she says, "You must sign this form before we can treat you," that's not an unreasonable statement, even if she's also giving you a form consenting to a blood draw for the police.

    If you believe you can make a case that you didn't know what you were signing or couldn't meaningfully give consent, work with your lawyer, bring a motion, and see what the judge decides.

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