Make sure you check out the post about our DUI Medical Defense Screening Tool.


Our wonderful story goes on to describe some things about the physical environment where the blood draw is to take place.  First, we find that Suzy has found herself in a dimly lit location.  Let’s think about that for a minute.  In a healthcare facility where diagnostic skin punctures are are being performed – and yes, phlebotomy is a diagnostic skin puncture – how often do those procedures take place in dimly lit areas?  Almost never?  So would that constitute “routine and customary” medical practice conditions for diagnostic skin punctures in a healthcare facility?  You bet it would.   But wait a minute here – jail cells and police station holding areas aren’t medical facilities.  How can healthcare facility standards be applied to what are not even similar facilities?  Answer: they don’t have to be.  The legal precedents articulate that the blood draw has to be according to “medically acceptable practice,” period.  So, in effect, it doesn’t matter that the blood draw isn’t happening in a medical facility.  What matters is that it is done in a well-lit, sanitary location.  Which brings up a quagmire of other issues that are apparent in this hypothetical story.


This month’s criminal topic is DUI Blood Draws. Topics covered are:

  • Why “Medically Approved” is important (9/5/14)
  • Case Scenario  (8/12/14)
  • A review of the issues relating to prep (8/19/14)
  • Legal Implications (8/26/14)

Note: To see all posts in this topic, click here

 

 

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