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House breaking into houses

majamin

Critical Thinker
Joined
Aug 2, 2009
Messages
310
In all of its seasons, House, the TV series, depicts a team of doctors that often break into patients' homes to collect samples that may help to determine a diagnosis for that patient. The patients are not notified of this "break-in", on the grounds that they could hide or alter evidence that could help the diagnostic team.

  1. Is this a fictitious practice? (I realize that the answer is most likely 'yes' :))
  2. If it is, could such a practice realistically be justified to yield enough information to be helpful towards a diagnosis?
  3. If it's not, should it be a practice that doctors could utilize? (by some kind of warrant, etc.)

I'm neither legal-savvy nor an MD, so I need a healthy dose of discussion to see how the ethics stack up in this case.
 
I could imagine a few of doctors doing it in a specific case impromptu to locate a disease vector. There is a fictional example in Clancy's novel about an ebola plague. If this is a team prepared to do this, then they're going to show up as a line item on someone's budget, and have to be justified to a beancounter somewhere; I think that is not likely, though I know that California will track down and breakin if it suspects you're importing infested oranges.
 
Thanks shadron. The part about "line item on someone's budget, and have to be justified to a beancounter somewhere" confused me a bit. Can you paraphrase this?

I've always been skeptical of the portrayal of the efficacy of this practice. For one, why would the default place to check for a disease vector be in a home? Why not place of work first? To give them credit, the team that barges into a home doesn't always come out with something useful.
 
House is too over the top in most ways for me to put up with.
Getting into a patient's home should be possible legally.
"Threat to public safety", say.
 
Watching House to improve your medical knowledge is like watching Survivor to learn about how to survive on a deserted island, or watching CSI to learn about police forensics.
 
I think it would take a court order, and I think it would be do-able.

I also think there aren't any chemicals used at home that would be used to such a degree as to cause poisoning. Snorting Driano, I doubt it. Disease vectors yes. Drug stashes yes, both illegal and prescription.
 
I could imagine a few of doctors doing it in a specific case impromptu to locate a disease vector. There is a fictional example in Clancy's novel about an ebola plague.
IIRC, the doctor has a police officer with him and the break in is done because the patient has no next of kin they can find, so cannot obtain permission to enter the property. The doctor makes the point that the disease is both deadly and transmissible, so they need to search as soon as possible to find any clue as to the disease's origin. As you say, this is a very specific case, and occurs largely because there doesn't seem to be a standard way of handling the situation. If the situation arose often enough, as the show seems to be suggesting, there would be a protocol in place that wouldn't consist of doctors risking B&E charges.
 
Question #42 on the NCLEX test I took to become a registered nurse was:
The doctor's orders require you to break into a patient's home. What supplies should you bring? Select all that apply.
a) a lock pick
b) a computer gizmo to deactivate alarms
c) a search warrant
d) a Monopoly Get Out of Jail Free card
e) a large steak for the watchdog
f) money for bail
g) only doctors can break and enter



I got the question wrong.:(
 
Question #42 on the NCLEX test I took to become a registered nurse was:
The doctor's orders require you to break into a patient's home. What supplies should you bring? Select all that apply.
a) a lock pick
b) a computer gizmo to deactivate alarms
c) a search warrant
d) a Monopoly Get Out of Jail Free card
e) a large steak for the watchdog
f) money for bail
g) only doctors can break and enter



I got the question wrong.:(
Don't leave us in suspense- what did you answer?
 
I know that California will track down and breakin if it suspects you're importing infested oranges.

Nit: Presumably you mean a Law Enforcement branch of California.

So this leads to natural question: Who if anybody can legally "break in" and search if a major contagious or widespread health issue is suspected? What if it's a suspected bioterrorism case?

The CDC? State Heath departments? Or do they need to report to Law Enforcment and if so, who? Homeland Security? FBI? Do they need warrants even if there's no crime involved? or are "exigent circumstances" and public safety enough?
 
Thanks shadron. The part about "line item on someone's budget, and have to be justified to a beancounter somewhere" confused me a bit. Can you paraphrase this.

Someone would have to be paying for it, and it would probably have to be justified to accountants. In other words, there'd be no secrecy about the capability.
 

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