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Can blood be drawn against your consent?

Discussion in 'Professional, Medical Malpractice' started by MMR31312, Nov 25, 2019.

  1. MMR31312

    MMR31312 Law Topic Starter New Member

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    Hello. I tried looking this up but all the results were pertinent to cases of police officers who were drawing blood in DUI related cases. I was wondering if, for a psychiatric assessment case, if a patient is petitioned for mental health treatment without a court order, is it legal to restrain and draw blood without the patient's consent?

    I know this isn't legal in Canada. But I'm not sure if this is the case in Michigan.

    Is there any case where blood can be drawn without the patient's consent?
     
  2. Zigner

    Zigner Well-Known Member

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    Why did you mention Canada?
     
  3. MMR31312

    MMR31312 Law Topic Starter New Member

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    Lol, I had something similar happen in Canada but over there no means no, when I refused the blood draw they said okay and left. Not very much the case here
     
  4. flyingron

    flyingron Well-Known Member

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    First off, if they have a warrant, consent is not needed.

    Second, the Supreme Court decided that the combination of implied consent and exigent circumstances would allow a non-consensual draw. In a routine situation, however, they'd need a warrant.

    Note that in many states, even if you have the "right" to refuse the test, that doesn't block the state from charging you with a crime or imposing other sanctions based on that refusal and the implied consent law.

    Specifically, in Michigan, a refusal will get you six points on your record and a year's suspension. You'll also not be eligible for a restricted license during that suspension.
     
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  5. MMR31312

    MMR31312 Law Topic Starter New Member

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    Thank you so much. That was a good response. When you say "in a routine situation", does this apply to medical scenarios, like when a patient is detained under their local mental health act?
     
  6. PayrollHRGuy

    PayrollHRGuy Well-Known Member

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    What cities "local mental health act?"
     
  7. Zigner

    Zigner Well-Known Member

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    The OP is not asking about DUI situations. The OP is asking about involuntary psychiatric holds.
     
  8. Zigner

    Zigner Well-Known Member

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    Was blood forcibly drawn from you during an emergency psychiatric hold in Michigan?
     
  9. MMR31312

    MMR31312 Law Topic Starter New Member

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    Yes
     
  10. flyingron

    flyingron Well-Known Member

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    Ah, misunderstood. Anyhow, with a warrant they don't need consent.
    If you had blood drawn routinely by the hospital, they can get a warrant for that (or the results).
    Exigent circumstances often allows searches without warrants. This means that the urgency of the situation precludes the normal warrant process (which these days is often pretty quick).

    I'm not going to further expound on things. If you have a specific situation you want to describe, it would help. If you are charged (or think you will be) with a crime, you need to stop talking about it and get an attorney.
     
  11. Zigner

    Zigner Well-Known Member

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    It's quite possible that this is allowable under your state's laws on psychiatric holds. You may wish to consult with a local attorney for verification.

    Edit: Let me expand on this a bit. The blood draw would be necessary in order to find out if you are suffering from some sort of medical condition that would affect you, as well as to find out if your organs are functioning properly prior to administering medication, as well as during the course of treatment with medication.
     
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  12. Tax Counsel

    Tax Counsel Well-Known Member

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    Yes. First, it is important to make a distinction here between what is required for the blood test results to be used against you in a criminal prosecution and what is needed to draw the blood for health treatment situations. In order for the blood test results to be admissible in court in a criminal prosecution the government generally must get a warrant signed by a magistrate (judge or similar judicial official) in which the court finds that there is a probable cause to believe evidence of a crime will be found by the search. In some circumstances the blood test might still be used as evidence against you without a warrant, but those circumstances are limited.

    But for medical purposes, the rules are different. And it may matter whether the facility doing the blood draw is a government hospital/clinic or a private facility. In general, though, if you are competent and there voluntarily you may refuse any medical treatment or tests that they offer to provide you. It is only if you are there involuntarily or are not competent at the time that the blood could be drawn without your consent and without the need for any court order. In those cases, the exact circumstances of why you are there and why the blood needed to be tested would matter.
     
  13. mightymoose

    mightymoose Moderator

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    Due to the psych commitment it is fair to presume the person in question was not able to make decisions for themself. The doctor could reasonably draw blood for medical purposes. This would be confidential medical information not available to law enforcement without a warrant.
     

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