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Assault and Restraint in the Psychiatric Setting

Psychiatric   (434 Views 5 Comments)
by Eliziel Eliziel (Member)

1 Like; 453 Visitors; 39 Posts

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Needing some advice:

My fiance is currently an LVN working at the State psychiatric hospital. Today he was suspended due to being a "moderate risk" due to an incident with a patient last week. Last week, the patient had climbed a chair in an attempt to remove/mess with one of the security cameras hanging from the ceiling. After failing to comply with the RN/PNAs requests to get down, my fiance came out of the med room and removed him from the chair. As he was walking away, the patient charged at him and punched him in the face. My fiance then grabbed the patient, took him into an arm hold, and forced the patient down while other staff responded. This patient has repeated behaviors of assaulting other patients and other staff members. He is restrained pretty frequently throughout the week.

Today was my fiances' first day back on the unit after being released from restrictions due to a mild concussion and hematoma from the assault. While being interviewed by the Investigator, the investigator is claiming that it appears my fiance was taking a swing at the patient and the patient was backing up. This would indicate a violation of patient rights and assault from a staff member. The security footage shows my fiance grabbing the patient after being hit and taking him down but no indication he was taking a swing at the patient. However, another employee who was a witness says that the Investigator is trying to make it seem like my fiance was attacking the patient back. Until the investigation is over, which could take 2 weeks, my fiance is suspended and has to use all his sick/days off to cover for the suspension.

My question is this: what protections, if any, do nurses have when a staff member is attacked by a patient and has to restrain him from causing possible harm to other staff or other patients? This could possibly mess with his career when he didn't do anything wrong. He did not assault the patient and put the safety of the staff and other patients over his own well-being until the situation was handled appropriately. Do we need to hire a lawyer in order to fight any possible accusations? Is there a BON law that protects nurses from wrongful termination in such events?

 

Any advice would be helpful.

Thank you!

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-1 Likes; 2,744 Visitors; 48 Posts

I don’t have an answer to your question, but the topic of your post is what brought me here today.

What desperately needs to happen, and particularly in freestanding psychiatric units, is that nurses need to sue the he**  out of these institutions. Psychiatric patients are getting worse as our society in general is degrading.

I came here today to post what makes these independent places think they don’t need security when regular hospitals that don’t even have psychiatric units have security.

It is getting worse, and nurses need to sue the facility if they are assaulted. We should have rights too.

Ex coworker of mine hurt pretty bad. Was beaten bad. The few staff there were too small and couldn’t do anything. I hope it costs this place millions and probably will.

A schizophrenic that was raised right generally won’t get violent because they still know right from wrong but people aren’t raised with God and values these days.

Edited by SuburbsGirl

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7 Likes; 5,045 Visitors; 110 Posts

 Eliziel , does your fiance belong to a union?  If so, he should enlist the support of the union folks.  If not, from what you are posting, an attorney might be necessary.  However,  there may be other avenues he could check into: involved staff's defending his actions, etc.  Can he get a copy of the attack?  It could prove helpful in the near future.

Hope all ends well and please keep us posted.

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Davey Do has 35 years experience and works as a Behavioral Health RN.

1,839 Likes; 13 Followers; 71,737 Visitors; 5,772 Posts

I'm sorry to hear this happen to your fiancé, Eliziel.

From my experience state facilities are infamous for viciously  scrutinizing employees' actions around patients.

I, too, was suspended from my job at a state facility after an investigation for my actions toward a physician and alleged patient neglect/abuse.

I applied for unemployment benefits and won. I sought assistance from the state nursing association and 1 1/2 years after the incident, got paid(again) for lost wages and had the neglect/abuse sponged from my record.

Good luck to you and yours, Eliziel!

 

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Heylove has 1 years experience and works as a Adolescent psychiatric RN.

3 Likes; 3,901 Visitors; 193 Posts

On 3/2/2019 at 5:29 AM, Davey Do said:

I'm sorry to hear this happen to your fiancé, Eliziel.

From my experience state facilities are infamous for viciously  scrutinizing employees' actions around patients.

I, too, was suspended from my job at a state facility after an investigation for my actions toward a physician and alleged patient neglect/abuse.

I applied for unemployment benefits and won. I sought assistance from the state nursing association and 1 1/2 years after the incident, got paid(again) for lost wages and had the neglect/abuse sponged from my record.

Good luck to you and yours, Eliziel!

This is amazing.  I am going through something similar but not exactly.  I still have my job.  I have no idea who to turn to for help as I am not part of a union, and since HR is the one that brought the action against me, it's not like I can go to them for help.  

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