Man Dies After Botched Covid-19 Test Swab Accidentally Lodged In Nose

By Staff Reporter
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75604
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February 23, 2021

The family of a Rusape man who died following an apparently bungled Covid-19 test at the hospital has accused the doctor who attended to him of negligence.

Even worse, the Mapiye family learned of the death of their relative, Arnold Mapiye, through social media platforms.

The 47-year-old, who was professionally known as DJ Bhinya-Bhinya, died at Rusape General Hospital where he had gone for a Covid-19 test. The maniac post reports that during the test, something went wrong and a swab remained lodged in Mapiye’s nose.

The DJ was rushed to the operating room for the swab to be removed. Unfortunately, he is reported to have died during the process. The manner of Mapiye’s death has raised eyebrows with his grief-stricken relatives who allege that he was a victim of negligence by the medical personnel involved.

covid 19

Mapiye’s brother, Bezel Rusere told the Manica Post,

He was a victim of negligence. There is nothing more painful than losing someone young and dear to the heart in this manner. The family is drowned in a torrent of agonising pain,” Rusere was highly critical of the doctor who was in charge of the procedure and described him as not being professional in his conduct during what was supposed to be a routine issue.

“My brother just wanted to have a Covid-19 test. His condition was not serious. When they performed a Covid-19 test on him, a swab remained in his nose and a decision was made to perform an operation to remove it with the consent of his wife. An anaesthetic injection was administered on him as part of the procedure, and we suspect he passed on during the process.

“The doctor left the patient in the theatre and went out to attend to other errands. He only returned after some nurses had raised alarm. When we tried to engage the doctor on what had happened, he was non-committal. He appeared confused. We hold it that Arnold died as a result of his negligence,” said Mr Rusere.

He also castigated people who rush to shares news of deaths on social media without any verification.

Makoni District Medical Officer, Dr Tendai Nyafesa said he could not comment as the matter is still under investigation. However, he urged patients not to shun the hospital because of the incident, saying the institution is staffed by caring professionals.

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DUI Defense Lawyer: Common Legal Defenses in Drunk Driving Cases

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DUI Defense Lawyer: Common Legal Defenses in Drunk Driving Cases

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A DUI arrest is not the same as a conviction. Prosecutors must prove the case, and the defense has the right to challenge the evidence.

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A DUI defense lawyer looks for legal, factual, and technical problems in the government’s case.

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Every DUI case is different. Some defenses focus on the traffic stop. Others focus on field sobriety tests, chemical testing, officer procedure, or whether the person was actually impaired.

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Defense 1: Illegal Traffic Stop

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Police usually need a legal reason to stop a driver.

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Possible stop reasons include:

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Speeding
rnSwerving
rnRunning a red light
rnExpired tag
rnEquipment violation
rnAccident investigation
rnReasonable suspicion of impaired driving

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If the stop was not legally justified, evidence gathered after the stop may be challenged.

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Defense 2: No Probable Cause for Arrest

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Even if the stop was legal, the officer must have enough evidence to make a DUI arrest.

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A lawyer may review:

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Driving behavior
rnOfficer observations
rnSpeech
rnBalance
rnOdor of alcohol
rnField sobriety tests
rnStatements
rnVideo evidence
rnMedical conditions

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If probable cause was weak, the arrest may be challenged.

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Defense 3: Field Sobriety Test Problems

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Field sobriety tests are not always reliable.

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A person may perform poorly because of:

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Medical conditions
rnAnxiety
rnFatigue
rnAge
rnInjury
rnPoor footwear
rnUneven ground
rnWeather
rnBad instructions
rnLanguage barriers

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A DUI lawyer may compare the officer’s report to body camera or dash camera video.

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Defense 4: Breath Test Issues

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Breath testing can be challenged if the machine or procedure was flawed.

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Potential issues include:

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Improper calibration
rnLack of maintenance
rnOfficer certification problems
rnMouth alcohol
rnVomiting or burping before test
rnMedical conditions
rnImproper observation period
rnRadio frequency interference claims
rnTesting outside required time windows

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A breath result is only as strong as the procedure behind it.

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Defense 5: Blood Test Problems

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Blood tests may be challenged based on:

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Improper blood draw
rnContamination
rnChain of custody
rnStorage problems
rnLab errors
rnFermentation
rnTesting delays
rnDocumentation gaps
rnQualified person requirements

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A lawyer may request lab records and review whether the sample was handled properly.

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Defense 6: Rising Blood Alcohol

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A rising blood alcohol defense argues that the person’s BAC was lower while driving and rose by the time of testing.

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This may be relevant when there is a delay between the stop and the chemical test.

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The defense depends on drinking timeline, food intake, body weight, test timing, and expert analysis.

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Defense 7: Medical Conditions

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Some medical conditions can affect DUI evidence.

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Examples may include:

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Diabetes
rnAcid reflux
rnNeurological disorders
rnBalance disorders
rnEye conditions
rnInjuries
rnFatigue
rnAnxiety
rnMedication side effects

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A medical issue does not automatically defeat a DUI charge, but it may explain certain observations.

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Defense 8: Not Actually Driving

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Some cases involve people found in parked vehicles.

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Legal issues may include:

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Was the person driving?
rnWas the engine on?
rnWhere were the keys?
rnWas the vehicle operable?
rnWas the person sleeping?
rnDid anyone witness driving?

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State laws vary on what counts as driving or actual physical control.

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Defense 9: Police Report vs. Video Evidence

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Police reports sometimes make a case look stronger than video shows.

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A DUI lawyer may review:

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Body camera footage
rnDash camera footage
rnBooking video
rnRoadside testing video
rnAudio recordings
rnJail observation video

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Video can confirm or contradict officer claims.

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Defense 10: Constitutional Violations

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A DUI case may involve constitutional issues such as:

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Unlawful stop
rnUnlawful search
rnImproper questioning
rnViolation of rights
rnImproper detention
rnLack of warrant where required

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A lawyer may file motions to suppress evidence if legal rights were violated.

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Final Thoughts

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A DUI defense lawyer does not rely on one-size-fits-all arguments. The defense depends on the evidence.

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Traffic stop, arrest procedure, field sobriety testing, chemical testing, video evidence, and constitutional issues all matter.

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If you are charged with DUI, get the evidence reviewed before deciding what to do next.

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