Q: The police knowingly questioned a heavily sedated patient and used it against them in court. Hospital/police at fault?
On pure suspicion, an employee suspected drugs were brought into hospital, even tho patient was on fentanyl IV every 6 hrs. The employee physically attacked patient and grabbed paper thinking it was drugs and ran away. Before any discussion, the person thought to have brought it was searched and released for no evidence and then police came in room to question patient who was on IV fentanyl and Ativan every 6 hours and was very sedated. The officer was very threatening and kept saying "you're fine" to patient until she finally left ..not before saying she'd be back! The patient was visibly shaking and devastated by the harassment, especially when the hospital promises to "do no harm" which wasn't true the moment they brought the police into a sick person's room!
The hospital begged patient to stay since the patient needed home oxygen, they lied tho, cancelled the oxygen and police took patient to jail! The patient was forced to recover in jail and stayed for 8 months!
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A: From the information provided, there are potential issues with the actions of both the hospital and the police. First, questioning a heavily sedated patient could be a violation of the patient's Fourth Amendment rights against unreasonable searches and seizures, especially if the patient was not in a condition to provide voluntary consent. Additionally, there could be potential medical malpractice or negligence claims against the hospital for failing to provide the appropriate standard of care, especially if they knowingly allowed police to question a heavily sedated patient. The alleged physical attack by an employee may also give rise to assault and battery claims. The hospital's alleged failure to provide the promised home oxygen might constitute a breach of their duty of care. The patient should consider obtaining legal representation to review the specifics of the situation, evaluate potential claims, and advise on the best course of action. Legal remedies may be available based on the facts presented.
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