In a medical malpractice case, in what circumstances will a doctor be able to obtain a sample from a patient without consent?
MultiRegion, United States of America
The following excerpt is from Ove v. Gwinn, 264 F.3d 817 (9th Cir. 2001):
Id. at 771-72 (footnotes and citations omitted). Following Schmerber, we have held that the "procedures used to extract the sample must still be reasonable and in accordance with accepted medical practices." United States v. Chapel, 55 F.3d 1416 (9th Cir. 1995).
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