Malpractice? Illegal search and seizure? Both?

racing_kitty

Sister Mary Hellfire
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It looks like Hidalgo Co., NM Sheriff's Office, Deming PD, and the Gila Regional Medical Center are about to cost the taxpayers in that area a metric shit ton of money.

What Happened

While there, Eckert was subjected to repeated and humiliating forced medical procedures. A review of Eckert's medical records, which he released to KOB, and details in the lawsuit show the following happened:

1. Eckert's abdominal area was x-rayed; no narcotics were found.

2. Doctors then performed an exam of Eckert's anus with their fingers; no narcotics were found.

3. Doctors performed a second exam of Eckert's anus with their fingers; no narcotics were found.

4. Doctors penetrated Eckert's anus to insert an enema. Eckert was forced to defecate in front of doctors and police officers. Eckert watched as doctors searched his stool. No narcotics were found.

5. Doctors penetrated Eckert's anus to insert an enema a second time. Eckert was forced to defecate in front of doctors and police officers. Eckert watched as doctors searched his stool. No narcotics were found.

6. Doctors penetrated Eckert's anus to insert an enema a third time. Eckert was forced to defecate in front of doctors and police officers. Eckert watched as doctors searched his stool. No narcotics were found.

7. Doctors then x-rayed Eckert again; no narcotics were found.

8. Doctors prepared Eckert for surgery, sedated him, and then performed a colonoscopy where a scope with a camera was inserted into Eckert's anus, rectum, colon, and large intestines. No narcotics were found.

Throughout this ordeal, Eckert protested and never gave doctors at the Gila Regional Medical Center consent to perform any of these medical procedures.

It's not like these are just allegations, medical records prove this shit happened.

But here's the double decker money shot:

The lawsuit claims that Deming Police tried taking Eckert to an emergency room in Deming, but a doctor there refused to perform the anal cavity search citing it was "unethical."

*snip*

There are major concerns about the way the search warrant was carried out. Kennedy argues that the search warrant was overly broad and lacked probable cause. But beyond that, the warrant was only valid in Luna County, where Deming is located. The Gila Regional Medical Center is in Grant County. That means all of the medical procedures were performed illegally and the doctors who performed the procedures did so with no legal basis and no consent from the patient.

In addition, even if the search warrant was executed in the correct New Mexico county, the warrant expired at 10 p.m. Medical records show the prepping for the colonoscopy started at 1 a.m. the following day, three hours after the warrant expired.

The combination of clenched buttocks and a dog sit might very well constitute probable cause for a body cavity search, but this strikes me as over the top. There's a whole lot of people who need to lose their asses over this.


PS, this link will take you to a blog post, with the actual filings at the bottom of same.
 
I heard about this earlier and just...wow. The x-rays (two times) were far enough when no evidence was found. The rest? I have no doubt he'll win and the doctors he names in the suit will face suspension if not lose their licenses. There may have been a warrant but they should have read it and have seen the fact it wasn't valid in their county or at the time it was all happening.
 
I would agree with medicchick. We have pretty strong powers for searching people but even we can't go sticking our hands up people's arses. Medical imaging is pretty good these days, a scan (I can't remember if we do CT or MRI, I don't really know the difference tbh) will pick up any ingested drugs pretty easily.
 
1) My days of smuggling drugs through Hidalgo, NM are over.
2) I guess Mr. Eckert is not the one who knocks....
3) That's more disgusting than the prison scenes in this season's Sons of Anarchy.
4) The TSA announced plans to relocate its HQ to Hidalgo County, NM this week....
 
That poor bastard was raped.
The cops involved and the medical staff should be charged accordingly.

Unforgivable!
 
Damn. Crazy doesn't begin to scratch the surface of this one. This goes beyond "dirty cops" and into monstrosity.

There appears to be the establishing of a pattern here. Senior leadership is going to catch it in the ass for this.
 
1) My days of smuggling drugs through Hidalgo, NM are over.
2) I guess Mr. Eckert is not the one who knocks....
3) That's more disgusting than the prison scenes in this season's Sons of Anarchy.
4) The TSA announced plans to relocate its HQ to Hidalgo County, NM this week....

5) New movie coming out soon, Super Troopers II: Our roads, our rules!

Storyline
Thorny, Mac, Rabbit, Foster and Farva are New Mexico state troopers out to have a good time. Stationed in a remote area near the Mexico border, the troopers, avid pranksters with an affinity for green chiles, have a knack for screwing up on the job. But when the crew gets LEO, a new drug sniffing K-9, the five friends take the pranks to a while new level. That is, until a cavity search goes wrong and a possible new drug cartel is unearthed. The super troopers spring into action attempting to save their jobs, pin blame on the medical staff and outdo the Alcohol, Tobacco and Firearms in this wild chase for justice.
 
Well this guy is going to be a millionaire. There is a lot of fail in this story.
 
Damn. Crazy doesn't begin to scratch the surface of this one. This goes beyond "dirty cops" and into monstrosity.

There appears to be the establishing of a pattern here. Senior leadership is going to catch it in the ass for this.

You said ASS. :p

I see a DOJ investigation in the future.

Deming PD is hiring, by the way. Starting salary is $34,486 per annum; benefits include a uniform allowance that provides a case each of latex gloves and KY jelly on a quarterly basis.
 
Damn. Crazy doesn't begin to scratch the surface of this one. This goes beyond "dirty cops" and into monstrosity.

There appears to be the establishing of a pattern here. Senior leadership is going to catch it in the ass for this.
My guess is they have been doing this for awhile, and more people are going to come forward.

Wonder how long before the feds show up?

Those doc can kiss medicine goodbye, they just became uninsurable.
 
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