TITLE:
Evidence Collection for the Unconscious and Unconsented Patient
AUTHORS:
Rose Constantino, Carol Stewart, Polly Campbell, Barbara Moynihan, Susan Kagan, Patricia Daugherty, Kathleen Thimsen, Lynda Tiefel, Colleen O’Brien, Jennifer Johnson
KEYWORDS:
Forensics; Forensic Nursing; Sexual Assault; Ethical Considerations in Sexual Assault; Legal Aspect of Sexual Assault; Informed Consent in Sexual Assault
JOURNAL NAME:
Open Journal of Nursing,
Vol.4 No.4,
April
18,
2014
ABSTRACT: Forensic nurses are faced with making an ethical
decision when an unconscious patient presents with signs of sexual assault. If
the patient is unable to consent, the nurses need to decide whether or not to
perform a forensic exam. Hospitals have policies in place regarding consent for
emergency care, but not all of them consider the collection of forensic
evidence. The window of opportunity for forensic collection may disappear
before contacts are made or proper consent is established. Ethical, legal, and
policy considerations that complicate this scenario are discussed.