The purpose of the EMJ study is to not only deliver some righteous liberal criticism of cops but also to establish another layer of bureaucracy that ER docs have to cope with. That's what that whole management of cases thing is about. The authors apparently want hospitals to establish suspected excessive force reporting like the suspected domestic abuse reporting they already have in place. Docs will love that. It's just what they need, more social work.
And there are so many problems with this survey that I don't even know where to begin.
First and foremost, how can an emergency room doctor unilaterally decide after the fact that a cop used excessive force? "Excessive force" is a legal concept based on numerous Supreme Court rulings on civil rights cases. Key among these is
Graham v. Connor
, which establishes that police have the right to use objectively reasonable force to counter a threat or even a perceived threat. That term objectively reasonable is tricky; it can only be determined in a court of law whether an act is objectively "reasonable."
Jim Pasco, executive director of the Fraternal Order of Police, summed up this concern when he told USA Today that ER doctors "have no way of knowing what amount of force was required" in encounters with suspects.
Another major problem with the paper is that the authors are really making an apple and orange argument. There's a reason why doctors are asked to step in when they suspect domestic abuse, elderly abuse, child abuse: The victims are known to be cowed into silence by their abusers. The same cannot be said of subjects arrested by police. The first words out of their mouths are "excessive force." The next words are: "I'm gonna sue." And there are plenty of attorneys to take their cases. So there's no reason for doctors to be asked to play social worker in such cases.