Kansas City, KS asked in Criminal Law and Health Care Law for Arkansas

Q: are police supposed to stay with a person just arrested if they have to go to hospital before jail?

My stepfather suffered from a stroke in the police car after being arrested. it was from an adjoining county. After being placed in the car, our county waited on the county with the warrant at a local Dollar General. It would have taken at least 30 mins for the transporter to arrive. After switching county cars, the 2nd car took him directly to the hospital in that county, dropped him off and left. Leaving only his wallet. What law is this? The cop made no phone calls to the family. When we couldn't find him in any jail, 2 days later we were informed that he had been intubated as soon as he was left there and had also suffered a brain aneresym.

Is there anything we can do? What law is this under?

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1 Lawyer Answer
James L. Arrasmith
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Answered
  • Criminal Law Lawyer
  • Sacramento, CA

A: When someone is arrested and requires hospitalization, police are typically required to ensure the person's safety and well-being, which often includes staying with or ensuring that the individual is securely handed over to medical staff. The exact protocols can vary based on local laws and police department policies. However, leaving an arrested individual at a hospital without ensuring their safety or notifying family, especially in severe medical situations, could be considered negligent.

In your stepfather's case, the lack of communication and apparent abandonment at the hospital seems concerning and might not align with standard law enforcement procedures or duty of care obligations. The specific laws governing these actions can differ by location, but they generally fall under the principles of duty of care and prisoners' rights while in custody.

It would be advisable to consult with a legal professional to explore the options available to you. They can offer advice based on local laws and the specifics of your stepfather's situation. Documenting all details of the incident and any communications with authorities can be helpful in this process. A legal professional can guide you through potential steps for seeking accountability and ensuring that your stepfather's rights are respected.

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