Cop abuses nurse for protecting patient and following the law

[rhino]

Bodycams in use in patient care areas sure screams of HIPPA violations to me. That fine is likely much bigger than $500k when aggregated

That's a good question to explore, but are the non-medical professionals bound to HIPPA regulations? If I walk into an ER and see or hear something in plain view, I don't think HIPPA applies to me if I tell someone else what I saw.

 

[Woobie]

That's a good question to explore, but are the non-medical professionals bound to HIPPA regulations? If I walk into an ER and see or hear something in plain view, I don't think HIPPA applies to me if I tell someone else what I saw.

I would think hospital security might be shaky ground, but a municipal cop isn't bound by HIPPA.

 

[hoosierdoc]

That's a good question to explore, but are the non-medical professionals bound to HIPPA regulations? If I walk into an ER and see or hear something in plain view, I don't think HIPPA applies to me if I tell someone else what I saw.

Lay people are not bound, but I don't think you can walk in and start videotaping. May not be hippa, maybe something else

hippa is one of the absolute worst implications of a good idea in the history of man

 

[HoughMade]

So will the city's liability insurance pay for that, or since the guy was deemed to be out of line, does the city (i.e. tax payers) have to foot the bill directly?

The insurance will pay. Short version: even if he violates policy, he's not on a personal errand, he is conducting city business. he is still in the course and scope. Beyond that, the policy likely covers him in either event.

Lay people are not bound, but I don't think you can walk in and start videotaping. May not be hippa, maybe something else

hippa is one of the absolute worst implications of a good idea in the history of man

There may be a HIPAA issue, but there is a broad, but far from unlimited, "Law Enforcement" exception to HIPAA. Privacy Rule

 

[actaeon277]

UPDATE!

 

[Magneto]

UPDATE!

Lehto is great. I really enjoy his videos.

 

[Tanfodude]

Pfff......5 years later. No wonder some people doesn't want to deal with this crap and would rather bring them down with them rather than dealing with this BS.

 

[BigRed]

UPDATE!

500K does not include the cost of funds plundered from taxpayers for marching this case through the system.

I recall this matter well. The officer was an absolute mucking foron.

Let the 500K come out of his taxpayer funded pension.

The cost of this nonsense has already been born by the taxpayers.

 

[Cameramonkey]

500K does not include the cost of funds plundered from taxpayers for marching this case through the system.

I recall this matter well. The officer was an absolute mucking foron.

Let the 500K come out of his taxpayer funded pension.

The cost of this nonsense has already been born by the taxpayers.

This. Its time to at least partially end qualified immunity. If they know that if they eff up too bad their pension is gone, maybe they'll think twice about overstepping their bounds?

Reminds me of a video I watched last night. (atheist?) Protester on the sidewalk outside a church showing a sign that said something like "your church misleads you". Pastor (with officer backup) confronts him and asks him to leave. (after offering multiple times to discuss it elsewhere over coffee.) He refuses (rightfully so) but the pastor wont give up and asks the officer to call for a supervisor, presumably to remove him since the cop on scene wont (rightfully so)
Suddenly another cop rolls up, asks for ID, then cuffs him because he refuses because he has done nothing wrong at this point. Turns out the young officer is a member of the church. Oops. Somebody let their emotions get in the way and detained the dude without PC. Oops. Teaching moment for sure.

 

[Destro]

This. Its time to at least partially end qualified immunity. If they know that if they eff up too bad their pension is gone, maybe they'll think twice about overstepping their bounds?

What is the legal basis for confiscating money in that way? Should corporate settlements come from 401ks? Would that make private sector employees hold their bosses accountable for dangerous products?

Even if there was a legal way to do that, for it to work would require agencies to continue status quo on retirement programs. Departments would immediately change their programs.

What about cops that don't have pensions or retirement, or any benefits?

 

[schmart]

What is the legal basis for confiscating money in that way? Should corporate settlements come from 401ks? Would that make private sector employees hold their bosses accountable for dangerous products?

Even if there was a legal way to do that, for it to work would require agencies to continue status quo on retirement programs. Departments would immediately change their programs.

What about cops that don't have pensions or retirement, or any benefits?

Sadly, I have to agree with your legal assessment. People don't get hung up about mistakes made in a corporation, because the costs are born by that entity. Screw up badly enough and your pension CAN be impacted, although not your 401K. Moving to a new corporation, you do lose personally. Start over w/ Seniority, vacation time, possibly % contributions to pension or 401K, etc. So there certainly is a financial impetus to avoid screwing up, plus you can be held civilly liable if you caused loss to others outside the corporation.

The real issue is that when a public servant screws up, we, the taxpayer foot the bill of the individual mistake, and with qualified immunity, don't feel any way to impact the person who made the mistake. Yeah, the person may leave one jurisdiction, but move 2 towns over and start working there. With the consolidated pensions and seniority, it doesn't appear there is accountability by the individual.

I don't have a valid solution, but certainly agree there is a problem.

--Rick

 

[Cameramonkey]

What is the legal basis for confiscating money in that way? Should corporate settlements come from 401ks? Would that make private sector employees hold their bosses accountable for dangerous products?

Even if there was a legal way to do that, for it to work would require agencies to continue status quo on retirement programs. Departments would immediately change their programs.

What about cops that don't have pensions or retirement, or any benefits?

Just a suggestion so that cops have skin in the game. Currently they eff up and ruin somebody's life, and they just get fired. They still walk away with a pension and go get another job while taxpayers foot the entire bill for a settlement. My idea was to fire him, and as restitution, give that money to the victim instead of you and I paying out the judgement using tax dollars because the PD has to pay the victim. Or reducing the taxpayer burden.

And you obviously missed the point on the 401k analogy. I'm not saying we should take YOUR retirement and give it to a victim because Larry in the service department drove drunk after having 3 martinis at lunch and tboned somebody in his work truck. The correct analogy would be to take LARRY's 401k for his gross negligence instead of just firing him and making your company foot the entire bill for the lawsuit. The goal is to make the offender personally financially responsible for his negligence instead of his employer pay it all.

In neither case would the employee's assets cover the damages, but maybe if these guys knew they wouldnt JUST get fired and move on, and they'd also lose a large chunk of change, maybe they'd behave better. I'm just sick of paying victims as a taxpayer while the offender walks away with no personal loss. He can always just get another job and move on. He CANT just make those accumulated funds magically appear again.

 

[Destro]

And you obviously missed the point on the 401k analogy. I'm not saying we should take YOUR retirement and give it to a victim because Larry in the service department drove drunk after having 3 martinis at lunch and tboned somebody in his work truck. The correct analogy would be to take LARRY's 401k for his gross negligence instead of just firing him and making your company foot the entire bill for the lawsuit. The goal is to make the offender personally financially responsible for his negligence instead of his employer pay it all.

I apologize, when I have seen this discussed before... it is typically in the context of somehow making the pension plan pay the entire settlement.

So would this idea cover settlements or judgements? Or both? What about when the agency chooses to settle simply because the cost of litigation is too high, regardless of the merits and facts? If you can lose your pension simply because the agency chooses to settle instead of fight, even if you did it right 100%...I think it would definitely affect individual officers mindset in how they respond to every day incidents.

 

[Cameramonkey]

Its not a fully formed idea in my mind. The underlying idea is to make officers personally (but limited) responsible for blatant abuses and harm. Not "officer acted appropriately but the city chose to pay out because a snowflakes sued." This would be held for the most egregious actions like the parkland deputy that refused to enter, or the Uvalde chief. I'm not talking about run of the mill offenses. Think of it how the death penalty is applied.

 

[jkaetz]

Its not a fully formed idea in my mind. The underlying idea is to make officers personally (but limited) responsible for blatant abuses and harm. Not "officer acted appropriately but the city chose to pay out because a snowflakes sued." This would be held for the most egregious actions like the parkland deputy that refused to enter, or the Uvalde chief. I'm not talking about run of the mill offenses. Think of it how the death penalty is applied.

I don't think you have to come up with the solution and rules. Just allow them to be sued as others would be if they screw up bad enough. Judge/Jury can determine the penalty. That should give enough checks and balances. This already exists in other occupations.

 

[Expat]

I miss seeing that rhino guy here on the INGO.

 

[dudley0]

I miss seeing that rhino guy here on the INGO.

I miss his New York reloads

 

[actaeon277]

I miss seeing that rhino guy here on the INGO.

I'm still kicking myself for seeing him at the Churchmouse memorial, and not recognizing him.
Dang it.

 

[Bill of Rights]

I'm still kicking myself for seeing him at the Churchmouse memorial, and not recognizing him.
Dang it.

How do you not recognize a big purple guy with a horn on his nose?

 

[KLB]

How do you not recognize a big purple guy with a horn on his nose?

Don't forget bleeding from cuts