Can someone who has a posssible brain injury and is intoxicated refuse medical treatment?

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Can someone who has a posssible brain injury and is intoxicated refuse medical treatment?

A friend of mine refused medcial treatment after he layed his motorcycle down and was intoxicated. He then went to jail were he threw up and complained of a headache and nothing was done. After he was bailed out he went to the emergency room were he has blood on his brain and sever concussion. Could he legally refuse the ambulance?

Asked on August 29, 2012 under Accident Law, North Dakota

Answers:

MD, Member, California Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

He could legally do whatever he wishes to do.  The issue will be if arresting officers should have had him transported to the hospital to be checked out or if any emergency personnel on the scene should have realized he would be better off (and they would be protected) if he was transported to the hospital.  Your friend should consider hiring an attorney about this issue though keeping in mind he was riding a motorcycle while intoxicated.


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