Nurse Alex the Super Nurse Flaws in the Theory:

Transcription

1 Nurse Alex the Super Nurse Flaws in the Theory: Main Issues: blood draw, obstructing an officer, playing lawyer, resisting arrest, protecting patients, patient care, conflicting policies, conflicting laws, Egos, Power, Right Fighters and people doing their jobs and following orders and policy. 4 th Amendment Unreasonable search and Seizure 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. Violations: Implied consent no warrant, searches at airports no warrants, Seizure of weapons during crisis no warrants, search of vehicles no warrants, search of person no warrant, exigent circumstances no warrant. The Fourth Amendment only protects against searches and seizures conducted by the government or pursuant to governmental direction. Surveillance and investigatory actions taken by strictly private persons, such as private investigators, suspicious spouses, or nosey neighbors, are not governed by the Fourth Amendment. Utah Implied Consent vs. Birchfield V North Dakota (criminal or civil) USSC Birchfield case said blood draw was NOT covered in implied consent. That is all people here. What they don t say is that only applies if there are CRIMINAL PENALTIES. BTW, NOT UNANOMOUS Utah Implied Consent only has civil penalties (suspension of Lic), so Birchfield DOES NOT APPLY. So Officer was RIGHT, HE DID HAVE CONSENT. In Utah you can take blood from an unconscious person via Implied Consent. The problem is the Officer was taking the blood to prove the Victim was NOT under the influence. He did not suspect him of a crime. In this is true, then implied consent does not apply. NOTE: It takes 20 lawyer and judges to decide who is right or wrong and what is legal or not and even then you rarely get all Supreme Court Judges to agree. Why the hell are people cheering for a Nurse to do this in a medical care facility when she should be giving healthcare and taking care of patients not playing lawyer. News Reports on this: Violently arrest, Nurse screams for help, Nurse was right cop was wrong, Hospital supports nurse, Police chief say cop was wrong. The investigation to gather facts just started and the majority of people just believe what the media tells them. Really sad.

2 SECRET POLICE TIP: If a Local Government ask the FBI to come into an investigation, it means the locals have NO CASE. A District Attorney has complete power to charge or not charge. If the DA request FBI, that means he KNOWS he has NO CASE. The federal Government can charge a banana peel, so requesting the FBI is sure sign the COP did nothing wrong so they are reaching for PC public appeasement. Did Nurse Alex know that hospital policy does not trump the law? She said if he had a warrant there would be no problem, so patient care and health was NOT the issue or her PRIMARY concern. Policy is guidance NOT Law Cops are protected when doing their job it they are in scope of employment and within policy, the get limited immunity. Was this a police ongoing investigation? Was the officer conducting an investigation? He was in the scope of employment and within policy following orders from his LT, per policy NO LIABILITY Did he over react on the arrest? Was he being delayed by the Nurse? Why No warrant? No crime, not seeding evidence to USE AGAINST SOMEONE Others say get a Subpoena? Exigent Circumstances: many but prevention of Destruction or Loss or evidence is Exigency No Hospital Policy states you will fight, argue or tell police how to do their job. I am sure Nurses would love it if cops went in and starting telling them how they are doing things wrong. That is not cops jobs and it is not the job of nurses to tell cops how to do their job. Every Law Enforcement Agency has policy that Officers that refuse to follow orders are insubordination and can be terminated? Cops can lie in the course of an investigation why did he not Lie and say the Unconscious victim was under arrest? And if he did Should Nurse Lawyer then have questi oned what for, why, what was I PC for arrest, was it a lawful arrest? Same for if he produced a Warrant? People (including lawyer nurses) cannot interfere of obstruct or delay an officer in his official duties (law not policy) Nurse did NOT know about Burchfield case and does not give her the right to obstruct officer and the case does not apply in Utah We tell black people all the time, comply with officer and then fight it in court that is what lawyers/judges for, why should it be different for Nurses? If nurse was RIGHT, why did hospital change policy making it wrong for her to do same thing

3 Cops are not nurses, (everyone cheers) Nurses are not Cops (everyone cries cops are bad) I always say most Legal questions are answered with Maybe or It depends? The people that think everything is black or white has never been a court room with lawyers and judges. Nurse chose to argue with cops, call supervisor and delay cop for over an hour, all of that time she could have left and took care of patients, then when she gets arrested she cries for help, while her patients have not seen her for over an hour because she wanted to play lawyer/my hospital Nurses are not lawyers and should not play one in hospitals, patient care is not playing lawyer, implying that a nurse s job is to protect patients in the legal system is just stupid, so all crooks in the hospital now get fee legal aid from all nurses. Really brilliant, unreasonable and takes away from patient care Nurse DO NOT know all police policies or laws, but somehow only their policy matters? A COP defends cop and he is an idiot, everyone defends nurse they must be smart. Hypocrisy? Or perhaps cops know what a cop s job is and the spider wed of legal requirements. Are people aware that this nurse and officer have prior history and disagreements when cop was working as Ambulance driver/emt/paramedic? Was this personal power for nurse or about patients that she ignored for over an hour? Nurse did not physically resist or obstruct officer and I think Officer jumped the gun but was still lawful per law in arrest, but no DA would file and no jury would convict I don t trust Government, Police or Hospitals? But arguing with cops during an arrest or investigation never turns out well, even if you are right. Nurse was NOT assaulted, she was taken into custody and ran away resisting arrest. Now people say Nurse can resist arrest and that is good? If the blood draw was illegal the COURTS would throw it out, not nurses. No I would NOT want this nurse arguing for MY RIGHTS, I want nurses taking care of medical care and playing lawyers I don t think cops should be drawing blood, but obviously Utah does not have a problem with it. I have no dog in this fight, the truth that no one wants to admit is they were both wrong and both right, but people are real good about being right and not so good about admitting wrong. New Policy By Both Agencies Is A Clue Play video of Hospital No info on new and old police policy

4 Viscous Comments from People defending the Nurse: The other cops should have shot the cop, all cops should be killed, wishing I was in the burn unit so they could let me die, hoping I was killed in flooding in Texas, hoping nurses let me bleed out if I am ever shot, wishing I get shot and killed, I should be hung, Nurses commenting they hope they get me in their ward, I should be stabbed to death and left to die.. And many others I just deleted. It is just amazing how irrational people can be defending their side and crying oath of cops and the constitution and then saying these hateful violent things. And somehow they are all coming from people supporting the nurse. We call that a clue When the Battle is lost, Slander is the sword of the loser. HIPPA EXCUSES: Health Insurance Portability and Accountability Act of 1996 HIPPA: Victims of Abuse, Neglect or Domestic Violence. In certain circumstances, covered entities may disclose protected health information to appropriate government authorities regarding victims of abuse, neglect, or domestic violence. Civil Money Penalties. OCR may impose a penalty on a covered entity for a failure to comply with a requirement of the Privacy Rule. Penalties will vary significantly depending on factors such as the date of the violation, whether the covered entity knew or should have known of the failure to comply, or whether the covered entity s failure to comply was due to willful neglect. Penalties may not exceed a calendar year cap for multiple violations of the same requirement. For violations occurring prior to 2/18/2009 For violations occurring on or after 2/18/2009 Penalty Amount Up to $100 per violation $100 to $50,000 or more per violation

5 "This is a variation on the theme, but the similarity is that these are clear problems, not mistakes or misjudgments about the HIPAA rules," Nahra says. "So the good news is that people aren't being prosecuted for making good faith HIPAA judgments, even if they aren't right. The government only prosecutes when there are significant bad things happening." Other Cases In the first HIPAA criminal case, a former UCLA Healthcare System surgeon Huping Zhou in 2010 was sentenced to four months in prison after admitting he illegally read private electronic medical records of celebrities and others (see HIPAA Violation Leads to Prison Term). - Among other criminal HIPAA prosecutions was a case involving Joshua Hippler, an employee of an unidentified hospital in East Texas. In February 2015, Hippler was sentenced to serve 18 months in prison after pleading guilty to wrongful disclosure of individually identifiable health information (see Prison Term in HIPAA Violation Case). Federal prosecutors in that case said that Hippler used his position as a hospital employee to obtain PHI with the intent to use it for personal gain. In another case in October 2013, Denetria Barnes, a former nursing assistant at a Florida assisted living facility, was sentenced to 37 months in prison after pleading guilty to several federal offenses, including conspiracy to defraud the U.S. government and wrongful disclosure of HIPAA protected information. - In one of the harshest sentences handed out so far in a HIPAA-related case, Helene Michel, the former owner of a Long Island, N.Y., medical supply company, was sentenced in April 2013 to serve 12 years in prison in a case that also involved $10.7 million in Medicare fraud, as well as criminal HIPAA violations (see Hefty Prison Sentence in ID Theft Case). Many other defendants sentenced for criminal HIPAA violations, however, have gotten lighter sentences and avoided prison time. - For example, in November 2014, Christopher R. Lykes Jr., a former South Carolina state employee, was sentenced to three years of probation, plus community service, after he sent personal information about more than 228,000 Medicaid recipients to his personal e -mail account (see Sentencing In S.C. Medicaid Breach Case).