A woman who says she was drugged and restrained at the University of Virginia Medical Center is suing doctors, nurses and other personnel, claiming she did not want treatment, and the Supreme Court said she had the right to refuse.
The lawsuit involves a middle-aged woman who does not want her name shared publicly. Back in January she attempted suicide – routing exhaust from her car’s tailpipe into the vehicle. Someone found her in the act, called police, and she was taken to the emergency room where medical personnel wanted to do tests.
“The doctors, along with the nurses, decided to give her a series of drugs that would sedate her so that they could extract blood and urine from her," says Jeff Fogel, a Charlottesville attorney who filed the suit in federal district court. The drugs made it possible to draw blood, but for the second test, the staff had to do more.
“They came in and placed her in physical restraints," Fogel says. "Three female employees were utilized to insert a catheter into her bladder.”
Fogel sites a Supreme Court case that made it clear hospitals could not force people to undergo testing or treatment.
“It was 28 years ago they decided that we all have a federal constitutional right to decide what if any treatment we want from a doctor," he explains. "Even life-saving medications, even nutrition, hydration cannot be given against your will."
That's not the case for people who are not legally competent to make decisions, but based on the medical record Fogel says his client was clearly competent.
" You can’t assume that somebody is incompetent simply because they tried to commit suicide. You have to examine whether they understand what they did, they understand what’s going on, and that they understand the alternatives.”
A total of eight people, including the head of the medical center, two doctors and two nurse, are named in the suit. The university said it does not comment on pending litigation.
Editor's Note: UVA Health is a financial supporter of RADIO IQ.
