does the dr.-patient confidentiality or possibly HIPPA extend to medical first responders, i.e. paramedics, emt, etc? Case: person rolls atv & is injured; has been drinking and tells emt personal such in order to receive proper med treatment. Emt later related this info to police. Police do not observe driving behavior and based on EMT's statement arrest subj for DUI.
Asked on 1/07/11, 4:38 am
1 Answer from Attorneys
Thomas C. Gallagher
Gallagher Criminal Defense
It could be worth researching. It would be challenging, however. The government would likely argue that the exclusionary rule should not apply where the EMT, not the police, violated the law. Where there is a motor vehicle accident, police typically investigate including the driver for alcohol. Keep looking for defenses.
Answered on 1/12/11, 5:24 am
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