Asking For Medical Attention

Asking For Medical Attention

This is a discussion on Asking For Medical Attention within the Concealed Carry Issues & Discussions forums, part of the Defensive Carry Discussions category; This question might be better answered by Law Enforcement/Lawyers but I understand that there are others "in the know." I also know this very well ...

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Thread: Asking For Medical Attention

  1. #1
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    Asking For Medical Attention

    This question might be better answered by Law Enforcement/Lawyers but I understand that there are others "in the know."

    I also know this very well may depend on state/local laws and department policies as well as on specific situations and scenarios BUT I am interested in the feed back, theories and local laws individuals do know about that might pertain to my question.

    That being said....

    I'm 5 months pregnant with our second child. I fully understand the vulnerability of my condition and our unborn baby. Something as "simple" as high stress can send a pregnant woman into pre-term labor and emotional trauma can also cause blood pressure issues, etc. A pregnant woman does not necessarily need to be physically wounded to have bad things happen to her.

    If I were to get into a self defense situation wherein I used lethal force and officers responded to the scene and felt it necessary to place me under arrest until the facts of the situation were sorted out would I be granted a request to be seen by a doctor first even if I had not been injured in any way (not hit, kicked, stabbed, nothing)?

    Would my request be ignored seeing as how I have no obvious reason to be seen by a doctor (other than the protruding belly) or are there laws (in any state) that allow for individuals to demand medical attention even though they are under arrest and seem to be fine?

    What if I were not pregnant and still felt I should be checked out?

    Are LEOs required to acknowledge those requests or can they ignore them if there's reason to believe medical attention is not warranted?

    Yes, obviously, if there is a wound or any obvious signs of trauma individuals are given medical care (guilty or not), but I'm talking about the absence of any evidence of wounds or trauma and simple requests for medical attention... are they honored or ignored?


  2. #2
    Ex Member Array JDlewis's Avatar
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    I don't think so because your not doing it for you. Your doing for the baby and I don't think they would turn it down.


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    Distinguished Member Array INccwchris's Avatar
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    Even if nothing appears to be fine in Indiana any person who requests EMS must be seen by EMS before transport if so requested.
    "The value you put on the lost will be determined by the sacrifice you are willing to make to seek them until they are found."

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    VIP Member Array NC Bullseye's Avatar
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    Medical almost always trumps legal. You may end up with a buddy bearing a badge while you get checked out and as soon as the doc gives the thumbs up you go into custody.

    The liability of them refusing you medical attention is too great to not let you get checked out. As a side note, they will usually wait till you get through with the medical exam before placing you into custody since they are usually responsible for medical care costs when you are in custody.
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    When it comes to Pregnant Women they don't take chances,if you request to be seen,they aren't gonna say no in fact if you seem to be in any distress most Cops will ask if you need to get checked out
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    Remember this phrase... "Officer, I think something might be wrong with my baby, please call an ambulance."

    At this stage of the game, even your arrest is during the preliminary stage of the investigation. It has yet to be determined if the prosecutor is going to file charges. It is not in the best interest of responding officers to deny you medical treatment if you request it. No officer want's the liability involved in being seen as responsible for complications in a woman's pregnancy. At least no sane one that I know of.

    Can you imagine the legal nightmare for the police department if the prosecutor deems it a clean shoot, no charges are filed, and you had a miscarriage and lost the baby because the police refused to obtain medical care for you when requested?

    You may have an officer accompany you to the hospital, but I certainly do not see them denying anyone medical care. There have been more than just a few police departments pay out millions of dollars in settlements over ignoring the medical emergency of a prisoner.

    Most officers are very liability conscious. There's just not an up-side to denying a pregnant woman medical care if she requests it.
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    God forbid, but...

    I work EMS at a station that covers a jail and the medical staff there will see any inmate for any complaint at any time by policy. Too much liability not to for them. Each intake is screened by a nurse and if there is any question the inmate is transported to the nearest ER under escort. (well, ocasionally the drunks are "released from custody" on the way out the door so there's no escort and no paying for the bill by the taxpayers. We call it lobby court, or express check out, doesnt apply to you. ). There is a similar set of standards for every jail so if by some odd circumstance you end up there for the night you will have no problem getting seen.
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    VIP Member Array Sticks's Avatar
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    You might have been better off polling a convict/repeat offender forum. If anyone would know, they would. I'm sure they know all the ins and outs of avoiding LEO facility containment for as long as possible.

    Even if the responding LEO's ignore you, by the time you get to the station, you will have a fresh batch of officers during processing to request medical attention on site - then a ride to the nearest hospital.
    Sticks

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    Senior Member Array DoctorBob's Avatar
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    I've had limited experince with this sort of thing and none of it very recent. When a jail inmate complains of a medical problem there is usually a PA or a Nurse Practitioner available during the day to do an initial evaluation and secure further tests or treatments as indicated. During non-working hours the jail staff in the few situations in which I've been involved have called an Emergency Dept or on-call physician to get an authorization to transport the individual to and ED or other medical facility. In general, my experience has been that they had a low threshold for getting someone evaluated fairly quickly. This might not be the case in the East Podunk jail.

    Parenthetically, You may have other issues to consider. I'd suggest that you talk to your obstetrician about getting a blood lead level checked if you've been doing any range work in the last year. Additionally, I would, if I were you, be very careful about being exposed to high decibel impulses like gun shots. The energy is significantly attenuated by the uterus and amniotic fluid but the effect has not bee well studied on the developing fetus. Better safre than sorry...

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    Ex Member Array azchevy's Avatar
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    The only way that you will not receive immediate medical attention is if the scene is not secure and transporting you out or bringing medical in could constitute a threat to officer or med safety. Otherwise they would attempt you get you medical attention immediately upon request, especially if you are pregnant.

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    Under those circumstances, I believe not obtaining immediate medical care for the pregnant woman would be a career decision for the officer.

    Career decision as in "I've decided to pursue a new career outside of law enforcement".

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    Distinguished Member Array INccwchris's Avatar
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    Quote Originally Posted by Bark'n View Post
    Remember this phrase... "Officer, I think something might be wrong with my baby, please call an ambulance."

    At this stage of the game, even your arrest is during the preliminary stage of the investigation. It has yet to be determined if the prosecutor is going to file charges. It is not in the best interest of responding officers to deny you medical treatment if you request it. No officer want's the liability involved in being seen as responsible for complications in a woman's pregnancy. At least no sane one that I know of.

    Can you imagine the legal nightmare for the police department if the prosecutor deems it a clean shoot, no charges are filed, and you had a miscarriage and lost the baby because the police refused to obtain medical care for you when requested?

    You may have an officer accompany you to the hospital, but I certainly do not see them denying anyone medical care. There have been more than just a few police departments pay out millions of dollars in settlements over ignoring the medical emergency of a prisoner.

    Most officers are very liability conscious. There's just not an up-side to denying a pregnant woman medical care if she requests it.
    Note that phrase only works for pregnant women. Don't ask me how I know.
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    Senior Member Array SFury's Avatar
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    Quote Originally Posted by INccwchris View Post
    Note that phrase only works for pregnant women. Don't ask me how I know.
    I can only assume you were wearing a wig at the time. I'm hoping it was for a Halloween party, or work related.

    Here in Wisconsin they would get you treated at a medical facility before being taken into custody. The liability issues are too great not to get a pregnant woman to the ER just in case.

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    VIP Member Array Eagleks's Avatar
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    Quote Originally Posted by NC Bullseye View Post
    Medical almost always trumps legal. You may end up with a buddy bearing a badge while you get checked out and as soon as the doc gives the thumbs up you go into custody.

    The liability of them refusing you medical attention is too great to not let you get checked out. As a side note, they will usually wait till you get through with the medical exam before placing you into custody since they are usually responsible for medical care costs when you are in custody.
    Same here, they would not put you in custody until afterwards, so they don't have to pay for it. They allow a little "judgment" here, but little...... they will take someone to be sure so that they aren't sued if it's requested.

    They didn't used to, but one guy kept requesting it ... saying he thought he was having a heart attack, and they didn't take him. He put him in a holding cell at the jail, and 15 minutes later he was found dead (from a heart attack). They paid out a LOT of money, and modified their policy after that.

    Policy now is, LEO"s are not doctors, let Doctors make the determination. If it's a request related to " I have the flu" or something not immediate, there is a doctor at the jail that will do an initial assessment and send them to the hospital to be checked if needed.... and they won't take any chances either if tests are needed, or there is any uncertainity.

    The Doctors that work the jail, are TOP Doctors too. One 'was' also a doctor in the Army and served in Iraq, and extremely good at ER related trauma. I'ld like to have this guy as my Doctor.
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    Even without you being pregnant, I would guess your request for medical treatment would be granted. To deny medical treatment when requested opens them up for major liability problems, if something were to happen after you requested it.
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