Specialties Emergency
Published Mar 4, 2010
htrn
379 Posts
What is the requirement to report injuries that are the result of a crime/domestic abuse? If you have a patient that tells you she was physically assaulted, but then says she doesn't want you to report it, is it mandatory to report it? If it isn't mandatory to report it and patient goes home to be shot and killed by same hubby, is the hosptial, nurse and/or doctor liable for not reporting it?
If it helps - this is in Wisconsin. Thanks
scoochy
375 Posts
This is a question to ask of your risk management department, IMO.
SlightlyMental_RN
471 Posts
From what I read, yes, you need to report it, but I would check with your employer:
http://www.ndaa.org/pdf/dv_summary.pdf
BrnEyedGirl, BSN, MSN, RN, APRN
1,236 Posts
I'm in Missouri,..I can only report child abuse, elder abuse, abuse of the handicapped/disabled, gunshot wounds or dog bites. If an adult doesn't want to report it would be a HIPAA violation for me to report it.
Footballnut
162 Posts
In our state we are not required to report domestic abuse. We are required to do an abuse screen. However, we offer options including reporting to all of our domestic abuse cases. I agree about checking with your risk management department.
diane227, LPN, RN
1,941 Posts
You need to check the law in your state. In most states you are required by law to report any abuse or suspected abuse or neglect of a child, an elderly person or a person who is incapacitated due to mental defect such as mental retardation, mental illness, or illness that makes them unable to care or make decisions for themselves. If you have a competent adult, you cannot force them to report a crime. You can certainly call the police, but if the victim is not willing to cooperate, law enforcement efforts may be limited. In certain circumstances however law enforcement will take a person into custody if they respond to a domestic violence call, even if the victim refuses to file charges against the offending party. But it depends on the law in your state. You should be able to search your states web site and find the law on this subject and your specific obligation for reporting.
nicole109
147 Posts
In MD, we did an abuse screen on everybody--asked them if they were afraid of anyone close to them, but didn't ask if they had ever been abused. Our charting was computerized, so if they answered yes, then it automatically sent a flag to our social worker, and they handled it from there. I never had a patient come right out and tell me anything about any abuse, outside of the screen--but I would imagine that social work would get involved and they would handle it from there...notifying whoever needed to know, etc.
sharona97, BSN, RN
1,300 Posts
The one experience I had with a patient it was the company policy to photograph the injuries in domestic assult. We kept pictures in case we were ever called to court and of course relied on our documentation either way of the person's wishes.
I agree to check with the appropriate departments within your facility, and also state law according to the Nursing Board and or state law itself.
Sharona
cookienay
197 Posts
Only a handful of states have mandatory reporting of domestic assault. My state happens to be one of them. As the above poster said, check with your risk mgmt or social worker or legal dept. THey should know what your requirements are. Of course if it involves a minor- it is a mandatory report probably anywhere. I think if a weapon was involved might make a difference as well. Some states require reports of assaults with weapons regardless if it is domestic or not.