Relevant Consent Hospital Procedure

Convicted Driver Insurance

KPM

New Member
My daughter tried to kill herself a couple of months ago after fleeing a domestic dispute in which she had been restrained from leaving the house, had she not lost control and rolled her car there is no doubt she would have achieved her objective, police and ambulance attended breath test 99, taken to hospital blood sample take by police doctor, taken into custody and assessed by mental health team following morning whom informs had she not agreed to voluntary treatment my daughter would have been sectioned under mental health act.
My daughter spent about a month in care of a secure psychiatric unit now discharged into my care, I have since taken lengthy statement from her which shows a prima facie case of fraud and quite possibly controlling and coercive behaviour against her now estranged partner.
Whilst those matters are being considered my plea for early intervention by the CPS with a view to dropping any pending drink/drive prosecution as not in the public interest appears to be stuck somewhere in their system.
I have now heard the blood has come back over (as expected) and it has been passed down to the arresting officer as to whether to request formal interview etc.
The blood sample given to my daughter by the police shows the time taken as being 01:07hrs I have obtained her hospital notes which shows her being examined by the hospital doctor at 01:10 whilst my research shows blood can only be taken with consent of the hospital doctor in charge prior to sample being taken I do not read that he has to have examined the patient first which would appear to make a mockery of any consent given without first examining the patient.
Secondly at the time of the accident my daughter was in a highly disturbed and agitated state clearly intent on killing herself with obvious mental health issues noted by ambulance and hospital and in my opinion could not give any competent valid consent as to her blood being taken and should in my opinion have been treated as a person incapable of consenting in other words the blood should not have been sent off for analysis until she had properly consented after her discharge from hospital.
No other person's or vehicles were involved in the accident
Your considered comments appreciated. Regards
 
My daughter tried to kill herself a couple of months ago after fleeing a domestic dispute in which she had been restrained from leaving the house, had she not lost control and rolled her car there is no doubt she would have achieved her objective, police and ambulance attended breath test 99, taken to hospital blood sample take by police doctor, taken into custody and assessed by mental health team following morning whom informs had she not agreed to voluntary treatment my daughter would have been sectioned under mental health act.
My daughter spent about a month in care of a secure psychiatric unit now discharged into my care, I have since taken lengthy statement from her which shows a prima facie case of fraud and quite possibly controlling and coercive behaviour against her now estranged partner.
Whilst those matters are being considered my plea for early intervention by the CPS with a view to dropping any pending drink/drive prosecution as not in the public interest appears to be stuck somewhere in their system.
I have now heard the blood has come back over (as expected) and it has been passed down to the arresting officer as to whether to request formal interview etc.
The blood sample given to my daughter by the police shows the time taken as being 01:07hrs I have obtained her hospital notes which shows her being examined by the hospital doctor at 01:10 whilst my research shows blood can only be taken with consent of the hospital doctor in charge prior to sample being taken I do not read that he has to have examined the patient first which would appear to make a mockery of any consent given without first examining the patient.
Secondly at the time of the accident my daughter was in a highly disturbed and agitated state clearly intent on killing herself with obvious mental health issues noted by ambulance and hospital and in my opinion could not give any competent valid consent as to her blood being taken and should in my opinion have been treated as a person incapable of consenting in other words the blood should not have been sent off for analysis until she had properly consented after her discharge from hospital.
No other person's or vehicles were involved in the accident
Your considered comments appreciated. Regards

The issue of consent is a particularly complicated one when the matter is dealt with in a hospital setting. This, as you have rightly outlined, involves the police considering how best to deal with the person subject to the investigation. Firstly, the police needed to obtain consent from the doctor in immediate charge of your daughter's care, specifically that they agree to a blood specimen being taken and that it would not interfere with the substantive care she should be receiving relating to the reason for her hospitalisation. Secondly, the police need to assess, potentially with medical input, whether she would be capable of giving consent. If not, then consent can be obtained after the event and before the specimen is analysed. Here, that does not seem to have happened and it appears that your daughter has been deemed to be capable of giving valid consent at the time of the procedure. Form MGDD/C would need to be followed at the time of the blood procedure and takes the officer through the relevant stages. If, after consideration of medical evidence, it appears that your daughter was incapable of giving valid consent at the time of the provision of the sample then this can amount to a technical defence meaning the request/requirement was unlawful and therefore cannot be relied upon.

This type of argument would often require the input of an independent medical expert to consider, based on the available evidence, whether your daughter was incapable of comprehending the procedural issues discussed with her and incapable of giving valid consent as a result based on her psychological state, the impact of any injury sustained or the impact of any medication prescribed. This is an line of enquiry that requires careful insight from a specialist with consideration of the available evidence in the case. You can contact a specialist on 03330093827.
 
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