Can I resist medical care without committing the crime of assault

JakeStarkey

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Aug 10, 2009
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According to https://www.ena.org/government/State/Documents/StateLawsWorkplaceViolenceSheet.pdf many states that make physical resistance against EMS, nurses, doctors, etc., a crime if they are in the performance of their duties.

The laws in most of the states, if any, make no distinction as to who is being treated.

If I am in a VA, veterans, or state program or building, and tell the nurse I don't want such and such treatment, stand up to leave, and said person tries to impede my departure, if I read the link correctly, I may have committed a felony if I make contact with said person in order to leave the premises.

Who has a better grasp of this than me?
 
According to https://www.ena.org/government/State/Documents/StateLawsWorkplaceViolenceSheet.pdf many states that make physical resistance against EMS, nurses, doctors, etc., a crime if they are in the performance of their duties.

The laws in most of the states, if any, make no distinction as to who is being treated.

If I am in a VA, veterans, or state program or building, and tell the nurse I don't want such and such treatment, stand up to leave, and said person tries to impede my departure, if I read the link correctly, I may have committed a felony if I make contact with said person in order to leave the premises.

Who has a better grasp of this than me?

Sounds like false imprisonment to me.

I would think you could use whatever means necessary to escape.

Looks like a a clear reason to carry.
 
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I would think you are right, if one is not in custody of the state, which would be "involuntary" if not "servitude."
 
According to https://www.ena.org/government/State/Documents/StateLawsWorkplaceViolenceSheet.pdf many states that make physical resistance against EMS, nurses, doctors, etc., a crime if they are in the performance of their duties.

The laws in most of the states, if any, make no distinction as to who is being treated.

If I am in a VA, veterans, or state program or building, and tell the nurse I don't want such and such treatment, stand up to leave, and said person tries to impede my departure, if I read the link correctly, I may have committed a felony if I make contact with said person in order to leave the premises.

Who has a better grasp of this than me?

I'm wondering if allowances are made for why patients resist. Someone having a bad reaction to a medication (or having run out of or gone off a needed medication), someone with psychosis, someone suffering from any of the dementias should not be held as culpable as someone assaulting a first responder because he wanted to finish watching the game.
 
According to https://www.ena.org/government/State/Documents/StateLawsWorkplaceViolenceSheet.pdf many states that make physical resistance against EMS, nurses, doctors, etc., a crime if they are in the performance of their duties.

The laws in most of the states, if any, make no distinction as to who is being treated.

If I am in a VA, veterans, or state program or building, and tell the nurse I don't want such and such treatment, stand up to leave, and said person tries to impede my departure, if I read the link correctly, I may have committed a felony if I make contact with said person in order to leave the premises.

Who has a better grasp of this than me?

I'm wondering if allowances are made for why patients resist. Someone having a bad reaction to a medication (or having run out of or gone off a needed medication), someone with psychosis, someone suffering from any of the dementias should not be held as culpable as someone assaulting a first responder because he wanted to finish watching the game.


I haven't allowed a doctor to examine me since 1989.

I refuse to go to any doctor. I know my time is getting short keeping this up and at some point I will wind up, against my will, in a hospital.

However, if that should happen I will leave whatever facility I'm in as soon as I'm able.
 
According to https://www.ena.org/government/State/Documents/StateLawsWorkplaceViolenceSheet.pdf many states that make physical resistance against EMS, nurses, doctors, etc., a crime if they are in the performance of their duties.

The laws in most of the states, if any, make no distinction as to who is being treated.

If I am in a VA, veterans, or state program or building, and tell the nurse I don't want such and such treatment, stand up to leave, and said person tries to impede my departure, if I read the link correctly, I may have committed a felony if I make contact with said person in order to leave the premises.

Who has a better grasp of this than me?

I'm wondering if allowances are made for why patients resist. Someone having a bad reaction to a medication (or having run out of or gone off a needed medication), someone with psychosis, someone suffering from any of the dementias should not be held as culpable as someone assaulting a first responder because he wanted to finish watching the game.


I haven't allowed a doctor to examine me since 1989.

I refuse to go to any doctor. I know my time is getting short keeping this up and at some point I will wind up, against my will, in a hospital.

However, if that should happen I will leave whatever facility I'm in as soon as I'm able.

"Able" being the operative word there. What if you're unable to get to the hospital on your own power? Refuse to go in the ambulance? Threaten the EMTs?
 
According to https://www.ena.org/government/State/Documents/StateLawsWorkplaceViolenceSheet.pdf many states that make physical resistance against EMS, nurses, doctors, etc., a crime if they are in the performance of their duties.

The laws in most of the states, if any, make no distinction as to who is being treated.

If I am in a VA, veterans, or state program or building, and tell the nurse I don't want such and such treatment, stand up to leave, and said person tries to impede my departure, if I read the link correctly, I may have committed a felony if I make contact with said person in order to leave the premises.

Who has a better grasp of this than me?

I'm wondering if allowances are made for why patients resist. Someone having a bad reaction to a medication (or having run out of or gone off a needed medication), someone with psychosis, someone suffering from any of the dementias should not be held as culpable as someone assaulting a first responder because he wanted to finish watching the game.


I haven't allowed a doctor to examine me since 1989.

I refuse to go to any doctor. I know my time is getting short keeping this up and at some point I will wind up, against my will, in a hospital.

However, if that should happen I will leave whatever facility I'm in as soon as I'm able.

"Able" being the operative word there. What if you're unable to get to the hospital on your own power? Refuse to go in the ambulance? Threaten the EMTs?

I wouldn't attempt to get to the hospital under my own power. The only way I would wind up there is if I couldn't fight them off.
i.e. against my will.
 
According to https://www.ena.org/government/State/Documents/StateLawsWorkplaceViolenceSheet.pdf many states that make physical resistance against EMS, nurses, doctors, etc., a crime if they are in the performance of their duties.

The laws in most of the states, if any, make no distinction as to who is being treated.

If I am in a VA, veterans, or state program or building, and tell the nurse I don't want such and such treatment, stand up to leave, and said person tries to impede my departure, if I read the link correctly, I may have committed a felony if I make contact with said person in order to leave the premises.

Who has a better grasp of this than me?

I'm wondering if allowances are made for why patients resist. Someone having a bad reaction to a medication (or having run out of or gone off a needed medication), someone with psychosis, someone suffering from any of the dementias should not be held as culpable as someone assaulting a first responder because he wanted to finish watching the game.


I haven't allowed a doctor to examine me since 1989.

I refuse to go to any doctor. I know my time is getting short keeping this up and at some point I will wind up, against my will, in a hospital.

However, if that should happen I will leave whatever facility I'm in as soon as I'm able.

"Able" being the operative word there. What if you're unable to get to the hospital on your own power? Refuse to go in the ambulance? Threaten the EMTs?

I wouldn't attempt to get to the hospital under my own power. The only way I would wind up there is if I couldn't fight them off.
i.e. against my will.

Interesting attitude. I'd recommend, for your family's sake, that you draw up a legal document that says "If it looks as if I'm dying, don't call 911. Let me die." Otherwise they might be liable for neglect.
 

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