Hospital records

[Dodgeroo12]

I have recieved a postal requisition for failure to supply specimen. I had accident and was taken to hospital. Hospital notes of Dr state "cannot examine as patient not responding. Patent seems unable to process, transmit or recieve information. Patient has no capacity" can this be used as evidence that I lacked capacity to consent the sample?

 

[SeanJoyceStephensons]

If a person refuses to provide a specimen when asked, the police will charge them with failing to provide a specimen. If there were medical grounds preventing you from providing a specimen, this could be a defence to the case. There is separate issue in your case regarding whether or not you had the relevant capacity to comprehend what was required of you. The medical evidence appears to support the suggestion that you lacked capacity and could be used to support a defence, however we would need to further assess the documentation to establish your prospects of pursing a defence on this basis. Please contact one of our team on 0333 009 3335.

 

[Dodgeroo12]

If a person refuses to provide a specimen when asked, the police will charge them with failing to provide a specimen. If there were medical grounds preventing you from providing a specimen, this could be a defence to the case. There is separate issue in your case regarding whether or not you had the relevant capacity to comprehend what was required of you. The medical evidence appears to support the suggestion that you lacked capacity and could be used to support a defence, however we would need to further assess the documentation to establish your prospects of pursing a defence on this basis. Please contact one of our team on 0333 009 3335.

Had my hearing..adjourned to get statement from Dr who said police could see me....but the Dr they named was not my Dr as not seen by him and not mentioned in medical records. They said no case to answer if statement not gained.