Powell v. City of Ocean City — Dec. 2015 (Summary)

IMMUNITY

Powell v. City of Ocean City
Civil Action No. 14-4365 (D.N.J. Dec. 1, 2015)

The United States District Court for the District of New Jersey denied motions for summary judgment and to dismiss made on behalf of a defendant hospital and nurses against claims brought by a former patient.

The patient was arrested and detained for driving under the influence. After being unable to produce a reading on a breathalyzer and produce a sufficient urine specimen, the patient was brought to the hospital to undergo a blood test. The patient alleged that the defendant police officer was present during and participated in her catheterization without proper sterilization or dress, which resulted in her contracting MRSA. The hospital argued immunity under a New Jersey statute that shields medical personnel and facilities involved in obtaining bodily substances specimens from both civil and criminal liability under certain circumstances. However, the specimens must be obtained in a medically acceptable manner.

The court was unpersuaded that the motions should be granted because there were still questions of fact as to whether the catheterization was necessary and whether the catheterization was performed in a medically acceptable manner.