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Assault of Nurses in ER

Texas   (5,747 Views 14 Comments)
by Bo Shoi Ming Bo Shoi Ming (New Member) New Member

3,504 Profile Views; 112 Posts

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Did you know there is a law against patients or family or friends assaulting Physicians and Paramedics in the ER?

Did you know there is NO LAW AGAINST PATIENTS ASSAULTING NURSES IN THE ER?:down:

A friend going for her PhD in nursing is trying to get a law passed here in Texas to protect nurses. She has been assaulted three times in the ER and wants to get into teaching as a result.

No wonder there is a nursing shortage. Contact your legislators, if they are awake, and let them know how you feel. :banghead:

Bo Shoi Ming

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labcat01 is a BSN, RN and specializes in ICU, CVICU.

629 Posts; 6,376 Profile Views

There is a law against assault- period.

I don't think there is a specific law for just physicians/medics. If you know otherwise post a link or something.

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17 Posts; 917 Profile Views

that's sucks.. they should implement something on that

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112 Posts; 3,504 Profile Views

There is a law against assault- period.

I don't think there is a specific law for just physicians/medics. If you know otherwise post a link or something.

I do believe there is a specific law for just physicians/medics. Obviously you don't believe the post. It will take some effort but I will find what the specific Texas Law is just to satisfy you.

How about you posting the Texas law against assault? I don't believe you especially since my friend is trying to get a law passed in the Texas legislature specifically for nurses. How about you posting a link or something to prove your assertion?

Bo Shoi Ming:down:

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labcat01 is a BSN, RN and specializes in ICU, CVICU.

629 Posts; 6,376 Profile Views

How about you posting the Texas law against assault? I don't believe you especially since my friend is trying to get a law passed in the Texas legislature specifically for nurses. How about you posting a link or something to prove your assertion?

Bo Shoi Ming:down:

Hey, I wasn't trying to sound nasty- I was just curious about the law...

but since you asked- Texas Penal Code (TPC) Ch. 22 lists assault as a Class A misdemeanor. Under certain circumstances, assault can be a felony of the third degree if it is commited against a certain class of people. One such group is Emergency services personel that are in the act of providing emergency services. The TPC states :

"Emergency services personnel" includes firefighters, emergency medical services personnel as defined by Section 773.003, Health and Safety Code, and other individuals who, in the course and scope of employment or as a volunteer, provide services for the benefit of the general public during emergency situations."

http://tlo2.tlc.state.tx.us/statutes/docs/PE/content/htm/pe.005.00.000022.00.htm#22.10.00

Honestly, I'm worried that your friend may have been taken advantage of by a hospital that didn't want to open itself to a lawsuit by going on record and getting police involved in a criminal situation. Please tell me if I'm wrong!

Edited by labcat01

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diane227 has 32 years experience as a LPN, RN and specializes in Management, Emergency, Psych, Med Surg.

1,941 Posts; 11,986 Profile Views

I used to work in Texas. I worked in the ED at Ben Taub in Houston for years. Any time someone was assaulted, law or not, charges for assault were filed against them. The law for assault of emergency health care workers was put in place some time ago.

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texasmedicrnj has 16 years experience and specializes in ER/ICU/Nursing Administration.

16 Posts; 981 Profile Views

There is no such law that just protects medics and physicians....we have just as much protection from the law as they have....If someone is going to throw this out they should have their resources ready to back up their remark!!!

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diane227 has 32 years experience as a LPN, RN and specializes in Management, Emergency, Psych, Med Surg.

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Pardon me for offending you. When I lived in Texas, this law I suppose was being considered. Perhaps it did not pass.

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112 Posts; 3,504 Profile Views

When my nursing friend says she was attacked three separate times in the ER, no charges were ever filed, and she is going for her PhD in Nursing so she can teach and be safe I believe her. That is why she is working to get a bill passed in the Texas legislature especially to protect nurses. :yeah:

When I get some spare time, I'll post the details on the legal code she is working on. :D Hopefully then you will become believers in my post.

Bo Shoi Ming

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diane227 has 32 years experience as a LPN, RN and specializes in Management, Emergency, Psych, Med Surg.

1,941 Posts; 11,986 Profile Views

For specific law regarding assault against health care workers in the State of Texas review:

Senate Bill 378: Right to use deadly force in the work place.

Texas Penal Code: Title 5, chapter 22,section 22.01 Assault of health care worker, third degree felony.

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18 Posts; 1,245 Profile Views

I'm not sure on the laws in Texas, sadly I've lived here all my life, but I do know that the emergency department nurses in Mass. are trying to pass a law to make it the same punishment for assalting a nurse/doctor as it is to assault a police officer or fireman. I do know that here in Texas the patient is rarely libel as the lawyers will say 'they were in pain and unknowing of what they were doing' and the judge will almost always agree.

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BrnEyedGirl has 18 years experience as a BSN, MSN, RN, APRN and specializes in Cardiac, ER.

1,235 Posts; 18,629 Profile Views

I'm an ER nurse in Mo and the law here equates assaulting an health care provider with assault against a law enforcement officer. Even without that, assault is assault, it is against the law to physically harm another person period.

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