Originally Posted by Kim O'Therapy
Does this include dementia patients, brain injury patients, or any patient not under the influence of illegal substances?
I personally would not call the police on a person who had dementia and a brain injury no matter what they did to me, I don't feel they can help it. If someone else called for me I would sign a waiver of prosecution and since I would be the victim, there would be no case without me or the "victim" in this case.
In my area if the injured party (nurse, doc, whoever) decides whether or not the person who hit in the first place should have the police called on them.
I personally have not seen a case where anyone did so where it wasn't dropped in a matter of a few days. However there is a lot of brain trauma, dementia, alzheimers type stuff here in the sunshine state. We have don't have to wear helmets to ride motorcyles, we have lots of water sports, and lots of elderly people. Brain trauma is par for the course with all that going on.
In fact my friend's teenage son had a brain tumor last year and was very combative after the surgery. He spit, hit, and kicked more than one nurse. Not a one of them filed charges and the family was horrified by his behavior. The nurses and docs explained he really didn't know what he was doing and wasn't in a state where he was responsible for his actions. He has since recovered fully and literally had no idea he
Also in this area even a healthcare workers still wants the person charged after admitting they had a diagnosis of brain trauma or dementia then the state attorney's office most likely would decline to prosecute even if charges were filed and drop the entire case.
Like I said though this is just this area. I cannot speak for other states and their interpretation. NY has a strange one going on right now along this line.