Jiosi v. Township of Nutley

Jiosi v. Township of Nutley,
A-280-98T2 (N.J. Super. A.D. June 20, 2000)

Patient arrived at the hospital, after being arrested for erratic driving, in order
for police to obtain a blood sample for drug testing at the state police lab.
After blood was drawn, hospital personnel informed the officers that it was
hospital policy to also take a urine sample in connection with drug screening.
The patient attempted to voluntarily produce a sample. When he was unable to
do so after 45 minutes, he was forcibly restrained and catheterized. Patient
sued the hospital, physician, and nurses for battery and negligence. The hospital
claimed immunity under a New Jersey statute granting immunity to health care
providers acting on a request from law enforcement. The court refused to dismiss
the claim, holding that the statute does not provide immunity in all circumstances
and that a jury could reasonably conclude that the sample was not requested
by law enforcement. Additionally, the court indicated that a question existed
as to whether the sample was obtained in a medically acceptable manner.