Not only is this assault with a deadly weapon in most jurisdictions, but it is AGGRAVATED assault, because the pt. can't defend himself. First, because the pt. is unconscious, but even if not unconscious, also because the pt. is STRAPPED DOWN. If the pt. is unconscious, and the procedure is necessary, that's a mitigating factor, but this one was contraindicated, since the AMET's were unqualified, and the pt. wasn't in the condition required for such. The victim probably has another year (possibly longer) to sue, depending on the statute of limitations and the sentence that can be imposed. The same kind of thing happened to me when I had vertigo from an inner ear problem, which resulted in a DVT from incompetent venipuncture AFTER I REFUSED MANY TIMES, BUT WAS STRAPPED DOWN, as well as being too dizzy to fight back. It doesn't matter if the ER doc ordered an IV or not, you can refuse ANY treatment, especially an invasive one. The FD's chief lost his job over it a month later. Too bad I didn't know enough about the law back then. -MM
Not only is this assault with a deadly weapon in most jurisdictions, but it is AGGRAVATED assault, because the pt. can't defend himself. First, because the pt. is unconscious, but even if not unconscious, also because the pt. is STRAPPED DOWN. If the pt. is unconscious, and the procedure is necessary, that's a mitigating factor, but this one was contraindicated, since the AMET's were unqualified, and the pt. wasn't in the condition required for such. The victim probably has another year (possibly longer) to sue, depending on the statute of limitations and the sentence that can be imposed. The same kind of thing happened to me when I had vertigo from an inner ear problem, which resulted in a DVT from incompetent venipuncture AFTER I REFUSED MANY TIMES, BUT WAS STRAPPED DOWN, as well as being too dizzy to fight back. It doesn't matter if the ER doc ordered an IV or not, you can refuse ANY treatment, especially an invasive one. The FD's chief lost his job over it a month later. Too bad I didn't know enough about the law back then.
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