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Nurse Sues After Getting Arrested For Not Drawing Blood

Nurse Sues After Getting Arrested For Not Drawing Blood

The Chicago Tribune via YellowBrix

September 28, 2009

CHICAGO, Ill. – An Advocate Illinois Masonic Medical Center nurse has filed a civil lawsuit against a Chicago police officer and the city of Chicago, claiming the officer arrested her for wanting to consult with a supervisor before collecting a blood sample from a suspected drunken driver.

Lisa Hofstra was the nurse in charge of the emergency room at Illinois Masonic about 4 a.m. on Aug. 1 when she said an officer named Rodriguez asked her to take blood samples from a man to determine his blood-alcohol level, according to a lawsuit filed in federal court. Hofstra allegedly told the officer the man had to become a patient first and she wanted to consult with her supervisor.

The officer cuffed her and placed her in the back of a squad car, according to the lawsuit.

The lawsuit claims Rodriguez, who is not fully named in the complaint, used excessive force by placing the handcuffs on Hofstra too tightly and arrested her without probable cause.

Hofstra is seeking an unspecified amount of damages.

Hospital Footage of the Incident >>>

View the Illinois law pertaining to drawing blood from DUI suspects


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    mertens266

    about 1 month ago

    6 comments

    Before I was an RN I worked medical records and frequently enough police would ask for patient records. I refused ONCE when I asked for a warrant, release or order and none was produced. The following day I was hauled in front of my superior and told to never refuse a record to the police again when asked. When I pressed on what law allowed the hospital to do this the answer I received was bizarre, being told that "good relations" with the police was good for the hospital. Several months later I was asked without warrant or release for a patient record and I refused. This time I was fired but not before informing the patient that his record was being examined. At that point the patient lawyered up and raised holy hell with both the hospital, police and me. Guess who they hung out to dry? The police claimed I freely divulged the record (I did not release any record but I heard my supervisor did). At one point the police claimed I solicited them to view the record. My experience taught me how crooked police and hospitals can be and twice as an ICU RN I've had officers try to question patients loaded to the gills on various narcotics and both times I had them leave the room. Amazingly, many of my fellow nurses assume that police had every right to be there (they do not as they are entering the patient's "home" without consent or warrant and felt the cop's rights outweighed our delivery of healthcare or the patient's right to refuse questioning. Overall, I think our profession is filled with some very ignorant practitioners regards civil liberties and the law in general.

  • John_max50

    Nurse_John

    about 1 month ago

    10750 comments

    I can not believe that "stich967" is really a nurse. If so, he/she would know that the nurse was following the law in her state. The police officer did not have the right to order her to draw blood. What makes police officers think they can do anything they want.

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    aabryan

    about 1 month ago

    24 comments

    This is just another example of a law enforcement officer over stepping their boundaries.

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    Account Removed

    about 1 month ago

    The nurse was acting according to proper procedures. The policeman was not. I hope she gets a nice check from the city for this one, and the policeman should be suspended.

  • Dennis_fiji_4c_max50

    newchum76

    about 1 month ago

    6 comments

    "Stupid nurse! She should've done what the officer told her without hesitation....8< 8< snip snip "
    Dude, RN's do NOT work for officious, ignorant, bullying toe rags in uniform!
    SUSPEND THAT THUG FOR OVERSTEPPING HIS AUTHORITY IMMEDIATELY PENDING INVESTIGATION, THEN FIRE HIM.... IF NOT FOR FALSE IMPRISONMENT, THEN JUST FOR BEING AS THICK AS A STUMP! Taking orders without from overzealous cops, without question, will turn RN's into concentration camp personnel.
    I can't believe that you made it through nursing school; more likely you are ANOTHER stupid cop, (Seig Heil, you dumb mammy jammer!) or flame bait. ha ha ha!s

  • Photo_user_blank_big

    MRN

    about 1 month ago

    4 comments

    I am not clear what the cop arrested her for? What was the charge?

  • Photo_user_blank_big

    mooncrystal

    about 1 month ago

    12 comments

    I hope that cop loses his job and that she gets a nice, fat check.

  • Photo_user_blank_big

    edysdny

    about 1 month ago

    2 comments

    I am a long time Emergency room nurse. This nurse did exactly what she should have done which is ensure this pt was established as a pt first. Second, , nurses do not get paid enough to put up with this crap, not only do I hope that this cop loses his job, for fear that his next victim may not get off with just handcuffs, I also hope she is paid off enough in the civil lawsuit to never have to put up with anything like this again. This cop should also suffer further reprimand aside from being fired for the humiliation and the forced abandonment of this nurses patients.

  • Shark0201_468x318_max50

    crimson

    about 1 month ago

    4 comments

    I hope they hang this police officer out to dry and dismiss him for failing to follow the law.

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    Sojoyful

    about 1 month ago

    2 comments

    This officer should be severly reprimanded if not fired, Not only did he act improperly, but by removing from her place of work, he caused her to possibly abandon her patients. What could the officer be thinking to believe he was justified in arresting the nurse, I hope she gets an appropriate settlement. some cops overstep their boundaries I saw police arrest a seizure patient who was very coherent at this time in a store because she refused to go with the EMS to the emergency room for evaluation the person stated that she would follow-up with her PMD.,

  • Kdk_0103_max50

    Kittyrn

    about 1 month ago

    52 comments

    This police officer should be suspended.

  • Photo_user_blank_big

    mmaze_rn

    about 1 month ago

    2 comments

    Appalling behavior.
    After viewing the video clip, I ask, where was hospital security? It was difficulty to tell the police (in vests I believe) from hospital security which is there to protect clients and staff. The police freely entered a secured area, violated other client's right to confidenticality, and disrupted the delivery of healthcare to others. Hopsital security should have been on the scene immediately when a "suspect" was brought in. It appears there was a breakdown in procedure in many ways - with the end result being a violation of the nurse's rights and quite possibly the "suspect's" rights if the person was not admitted as a patient.
    There are policies and procedures in place to help guide nursing and medical practice so as not to be in conflict with current law. I cannot believe that a law enforcement officer is more well versed in the laws pertaining to healthcare than those who are licensed healthcare professionals.
    Disgraceful use of intimidation! I am stand behind this nurse and her decision!

  • 002_max50

    BringMeSun

    about 1 month ago

    10 comments

    well I agree that the police officers should learn how the laws work in health care. I understand they are trying to do their job by catching this person driving while intoxicated but she is trying to do hers as well. Who's side are they on. Nurses are on the right one someone needs to explain that to them I think

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    mjtrn07

    about 1 month ago

    2 comments

    I am an RN and you must have a doctors order to proceed with a blood draw. It appears to me that the officer doesn't realize just because he is a policwman we as nurses have policies to follow. My son is also a police officer and he would never treat anyone in this manner.

  • Photo_user_blank_big

    Tolulope

    about 1 month ago

    184 comments

    I hope justice will be done without delay to serve as deterrent measure to such 'erring officers'


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