emergency doctrine


Also found in: Legal.

emergency doctrine

(in law) a doctrine that assumes a person's consent to medical treatment when he or she is in imminent danger and unable to give informed consent to treatment. Emergency doctrine assumes that the person would consent if able to do so. Commonly known as implied consent.
A guiding principle that permits health care providers to perform potentially life-saving procedures under circumstances in which it is impossible or impractical to obtain consent

emergency doctrine

A guiding principle that permits health care providers to perform potentially life-saving procedures under circumstances where it is impossible or impractical to obtain consent. See Informed consent. See Good Samaritan laws. Cf 'Rule of rescue. '.

e·mer·gen·cy doc·trine

(ē-mĕr'jĕn-sē dok'trin)
In medical jurisprudence, an assumption that a disabled or nonresponsive patient will agree to life-saving measures.
Synonym(s): implied consent (1) .

e·mer·gen·cy doc·trine

(ē-mĕr'jĕn-sē dok'trin)
In medical jurisprudence, an assumption that a disabled or nonresponsive patient will agree to life-saving measures.
Synonym(s): implied consent (1) .
References in periodicals archive ?
State,(275) the Court of Criminal Appeals of Oklahoma also upheld a warrantless entry by law enforcement officers under the emergency doctrine.
291) While it is unclear if this type of legislation standing alone is enough to justify a warrantless entry, it tends to lend support to an officer's belief that he or she is justified in acting under the emergency doctrine if a child is in danger.
The Supreme Court of Wisconsin affirmed the defendant's conviction and found that the entry into the defendant's home was valid under the emergency doctrine.
A report of an assault in progress may also permit the use of the emergency doctrine.
The emergency doctrine may also apply when the police respond to a report of a person brandishing a gun, or a report of gunfire.
392) In affirming defendant's conviction, the appellate court held the entry was permissible under the emergency doctrine and these items were properly seized.
396) Again, the appellate, court upheld the warrantless search under the emergency doctrine and affirmed the defendant's conviction for possession of a controlled substance.
Another situation where courts have upheld warrantless entries under the emergency doctrine is when police respond to a report of a possible homicide or suicide.
The court held that the officer acted properly under the emergency doctrine.
In addition, officers making warrantless entries based on the presence of a dead body would still be subject to the other restrictions of the emergency doctrine, such as its limited scope.
Most courts have applied the emergency doctrine in circumstances where police reasonably believe that a burglary is in progress or has recently occurred.
The appellate court held that the emergency doctrine applied in this case because the break in the window was large enough to allow a person to enter the building, which the officers knew had been vacant for a number of years, and because of the rash of recent burglaries in the area.

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