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EMS blood draws

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The State of Ohio has enacted legislation " enabling " EMS personnel to draw blood

in DWI cases for evidence.

This poses some questions I would like to present.

Does a person being presented against his will to a medic for a blood draw

become that medic's patient?

Is there an ethical conflict for the medic if he performs an invasive procedure

that is neither intended nor inquired to be treatment for a medical condition?

If a medic performs a blood draw and there is a claim of injury (such as

infection) resulting therefrom, has the medic been guilty of medical

malpractice?

There are other questions one might ask, but I would specifically like to hear

your thoughts about these. Also feel free to pose any additional questions that

come to your mind.

Gene Gandy

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