A judge might be able to write a withdrawal of care order if the patient has no family and is incompetent, because a layperson kin to the patient can
do the same.
Not always true, look at what happened with the girl whose family and husband disagreed.
A judge cannot order an inmate to be given 100mg of Trazodone QHS prn insomnia. Because that's not in his scope.
They can if its someone that is under arrest. I don't legally know the details, but it does happen. I don't know if they consult with a physician,
or they have judges who are also physicians, but it happens.
Case in point - Lisa Hofstra. She was ordered by a cop to perform a blood test on a guy they dragged into an ED in Chicago, IIRC. She replied she
could not do so without the man being admitted, and could not do so without a physician's order to draw the blood at any rate. So the guy arrested
her for obstruction, and the city dropped the charges as being unlawful and paid out $78k. I would not have settled, personally.
the problem here is that the officer didn't have a judges warrant, if he did then she would have had to comply. They can force you to have a blood
draw based on a judges warrant, that is how DWI roadblocks in “no refusal” states work.
I never despute an Mods comments, as I do respect authority [even if that respect is not always deserved~or even real on my part]. However, in reading
through this thread I have crossed so very much poor information and some of which is simply out & out wrong.
Withdrawaling of blood is not even close to being the same as administering medications. Taking blood at roadstops is relatively new and cannot be
compared to the issuance of blood, or in this case, medications.
Medications have to be 'ordered' by a qualified physician, as do any Rx. A police officer or even a judge cannot order a person to be given any
medication without legal prescription, as this would be illegal under the law.
In any hospital [or even nursing facility] there are proper procedures and protocols set in place to protect the patient, staff, and visitors. Why
would it be alright for the police to follow their protocols, but not alright for staff at the vacility to follow theirs (?) And the police would know
Comparing the Shriever(sp) case to this is apples & oranges, as we have no family members here in disagreement, the pt. in question is not on life
support, and her case set a new precident. All of which makes no difference at all when discussing the arguement at hand.
There seems to be a lot of opinions in this thread, which is fine and pretty much all mine is too, but some are stating an awful lot as if it were
fact, when much of that is not the case at all.
Regardless of how this turn/s/ed out, the police here did abuse their authority [at least in the beginning]. We didn't see what happened afterwards,
and what was written in the police report cannot simply be accepted as complete truth-not after seeing how the force was witnessed in the video.
We can disagree here and that's fine with me, but we can't honestly disagree with the fact that the abuse of power by LEOs across the country is
more widespread and only getting worse with time.