Pressing charges against a patient for assault?

Nurses General Nursing

Published

Hi,

I was attacked from behind by an elderly patient (who was alert and oriented) five days ago. He hit me with a telemetry box over the head and neck twice as I was bent over picking up something he asked me to get off the floor. I went to the ER and Employee Wellness after I got off to get evaluation, no xrays or anything were done. Since the attack, I have been having headaches and progressively worsening neck pain. I initially stated I did not wish to press charges when asked by security (I was still shaken up pretty badly in the moment). It is now five days later...can I still press charges? If so, how do I go about doing so? Now that I am having problems arise and the more I think about his premeditated actions, the more I wish to press charges. I live in the state of Virginia. Any help would be greatly appreciated!

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Specializes in Complex pedi to LTC/SA & now a manager.

First return to employee health as this is a worker's compensation issue and you were injured at work

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Specializes in School Nurse, past Med Surge.

You didn't go get checked out until after you got off work? Whose decision was this? Did you report it right away? I would get with your HR department about your issues & they could advise you regarding charges. If they don't know, call your legal department.

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Specializes in PACU.

I don't know anything about when the statue of limitations are up on pressing charges, but if it was reported to security and you were checked out for it, there is an incident (event) report floating around somewhere that has the details that can be used to document and report the incident.

I just wanted to say I'm so sorry this happened to you. {{{{hugs}}}

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So after the incident, security and a county police officer were on the floor, a report was filled out. I waited until the morning due to staffing issues (although I would have rather gone then) to get checked out. We called a code atlas (which is for combative patient) and so an incident report with the hospital was filled out and possibly with the police officer. There were witnesses. So it sounds like I should call HR or figure out how to contact the legal department. Do you think it will look bad that I initially said that I did not want to press charges? I was very shaken up in the moment.

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Specializes in Healthcare risk management and liability.

You should call the local PD of the jurisdiction where the hospital is, describe the situation, and tell them you would like to file charges for assault. Bear in mind that it will be the local prosecutor who actually decides whether to press forward with criminal charges. You may also wish to speak to a civil personal injury attorney to see if it is worthwhile to file a civil suit for damages against the patient. Bear in mind that it is only worthwhile if the patient has sufficient assets to pay a judgement or to be seized to pay a judgement. Intentional acts such as this would not generally be covered under the patient's homeowners' or other . If he has no assets, he is essentially judgement-proof, and you may have difficulty finding personal injury counsel to pursue a case. If the patient is found guilty of assault or another crime, that considerably strengthens the chances of winning a civil suit. But of course, winning a civil suit but the plaintiff is unable to pay the judgement is somewhat pointless.

PS: You don't need the hospital to file charges. Also, go to a physician soonest and get documentation of your injuries. Followup on any imaging, referrals or therapy that your physician may recommend.

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