[SassyRedhead]

Is there any HIPAA liability in reporting assaults of staff by pts to authorities?

Any different litmus tests if pts are in specialized depts such as Psych??

Help plz! Thanks!

[kizzykatlove]

wow thats a really good question. we had a nurse strangled by a psychotic patient and we didn't know wheter to press charges or not. the nurse was okay , but it could of been alot worse.

[caliotter3]

The next time I am assaulted by a patient or one of his associates, I won't worry about HIPAA. Think logically about it. They could use that as leverage to intimidate you into keeping quiet. I've had this happen before. Since I lost my job whether or not I reported the incident to outside authorities, I opt for reporting to outside authorities. Either way I lose my livelihood; I know that from experience. But a police report tells the other side that I won't be such an easy target.

[dcampbell]

How can it be a HIPAA violation to report a crime? As long as you don't reveal details about the patient's diagnosis/treatment would it be O.K. ? Please excuse me as I have been a retired RN for 13 years and I have not had the pleasure of working under HIPAA. In any other profession if an employee is attacked wouldn't they be able to report it to the police or do nurses have to give up their rights due to HIPAA?

[caliotter3]

dcampbell said it perfectly.

[crissrn27]

As long as you don't say John Smith, who was here for treatment of his diabetes, etc, attacked me on 1/1/11, and say instead John Smith attacked me at Whereever hospital on 1/1/11 I don't see how they can say it is a HIPAA violation. Just because they come in for treatment doesn't mean they stop being liable for there actions.


Just because we work with sensitive data doesn't mean we should forfeit our rights as Americans. If someone hurts/threatens you anywhere you should be able to press charges.

Now in the case of a psych facility I'm not sure. Should be specific policy on what to do, how to deal with it, etc. Someone from psych let us know?

With demented LOLs, and LOMs, of course you wouldn't press charges. At least I wouldn't even think about it. I would get on the phone ASAP with the MD and demand some med adjustments to keep staff safe.

[trainer2070]

Where I work most assaults were reported to PD, weve even had scenerios in the ED where PD was on site getting someone cleared an an employee was assaulted. PD took over and arrested the person or temporarily placed into custody.

The only times we didnt report an assault was if the person was ALOC or psych or being petitioned or in our case was a vo patient. Any of those cases and PD won't do anything because by the time they finish their paperwork the guy is off the hook.

[ERRNTraveler]

Reporting assault of a healthcare worker by a patient is NOT a HIPAA violation, as long as you don't reveal any medical information about the pt. And in most states, assaulting a healthcare worker is considered a felony. I was recently bit by a drunk in the ER where I was working, the police were called, and he was arrested & charged with felony assault of a healthcare worker. I have absolutely NO tolerance for jerks who think they can treat nurses like this- call the police, report it, press charges, and make sure they get the picture that this is NOT acceptable!