Assult and battery of staff

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Specializes in Med/surg, ER/ED,rehab ,nursing home.

A few days ago I was slugged twice , once over the eye, once on my jaw by a male patient. This patient is a frequent admit,most staff know him well. He has a habit of doing just what he wants, roaming into other patients rooms,etc. This time he had disappeared in the back hall and had entered another patients room. I asked the patient to come with me as he was not in his room. Usually this is all that is needed. He was naked, as well, but then this is something that this patient does. NO I DO NOT WORK ON A PSYCH WARD! Yet the best thing would have been to have a lock on this patient's room and just watch him with a camera.

What I want to know now, is what are MY RIGHTS? Am I allowed to file police charges against this patient? I will be losing money and due to our workers comp law, the first 40 hrs comes out of my vacation pay. Which means I will not get a vacation that I have planned. This patient is not crazy. He is just known to be mean and to abuse women. I have been a nurse for over 30 yrs. Lucky to not have been attacked during that time I guess. My tech arrived in time to witness the assult, and the patients family witnessed it as well.

Due to some mess up with HR, I was not able to get the CT that the doctor wanted . This will be done tomorrow. He is looking for fractures.

So please just advice on what my legal options are. I know that my employer will not do anything to the attacker. Nor will anything be done to protect the staff in the future. ( such as lock down on this patients room, and a 24 hr male caretaker ).

Thanks.

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Am I allowed to file police charges against this patient?
Yes. Do it now.

Your hospital was aware of this man's violent and otherwise disruptive behaviour in the past, yet did nothing to protect their staff. Consult an attorney.

ETA ... and ask about any civil action you can take against this person to recover your lost wages, pain and suffering, punitive damages, etc.

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My feelings on battery is that if the patient is not cognitively impaired and CHOOSES to be violent, then police should be called and charges filed. If I had been in your shoes I would have been on the phone that night.

You (or anyone for that matter) should not have to take any form of physical abuse from ANYBODY.

I realize that many hospitals frown on this but they will be looking out for their best interest (patient satisfaction), but you should be looking out for your best interest.

There is a thread already started here on AN that gives plenty of opinion about assault and battery at work and I think that most people believe that nurses should not have to just take this type of behavior from people without some punitive action.

I hope you are okay. I'm very sorry this happened to you in the course of trying to help other people.

Angela.

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If you worked at Starbucks and got slugged by a customer, would the manager call the police? Mcdonald's, Blockbustervideo, Ralph's?

Why is it tolerated at a hospital?

Goldstein's right. Get representation, stat.

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If I had been in your shoes I would have been on the phone that night.

I realize that many hospitals frown on this but they will be looking out for their best interest (patient satisfaction), but you should be looking out for your best interest.

The hospital should have pressed charges and had him arrested immediately.

God, this ticks me off. :angryfire

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:angryfire

Facial and orbital trauma isn't something you want to mess around with, there's no excuse for you not getting the diagnostics done at the time of injury as ordered. Has an opthalmologist examined you? If not, you should demand to be seen by one.

Also, report this incident (including the 'mess up' and delay in treatment) to your state WC commission. Remember your employer's wc insurance carrier is looking out for the best interests of themselves and their client--- the hospital. Not yours.

Considering the severity of your injury and the potential consequences, you should also consult an attorney specializing in WC law. Most will provide a free initial consultation, and can educate you on your rights under the law.

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Specializes in ER/CCU/Military Nursing.

File charges now! No one should put up with abuse from anyone, patient or not. Everyone has the right to work in a safe and protected enviroment. Obviously, your hospital is not supplying that! What if this man had attacked another patient? I bet the hospital would have handled that much differently. I'm sure the assaulted pt would have IMMEDIATLY recieved the ordered CT and that all the big wigs from HR would have come in to make sure they weren't sued!

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Specializes in Med-Surg, HH, Tele, Geriatrics, Psych.

Because your facility continues to admit this individual knowing his history and potential for violence, they are liable for your injury. They are not providing a safe environment in which for you to work. Contact an attorney STAT.

:angryfire

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Specializes in Med-Surg/Peds/O.R./Legal/cardiology.

Just this weekend in my area, 2 nurses were assaulted by a 15 y.o. with scissors. The 2 nurses are hospitalized. This was NOT a psych. pt either. According to news reports: " The patient faces assault charges following a psychiatric evaluation"... :angryfire

File charges NOW. You say this guy has a history of abusing women. He probably thought he could get by with it because he is a patient in the hospital..SOORRRRRY...WRONG ANSWER!!!!!!

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Specializes in Peds, ER/Trauma.

Call the police AND an attorney right away. Assault of a healthcare worker is a felony in most states, and this man should NOT get away with this. Also, your employer is partially liable for what happened to you because they knew about this man's history and failed to protect you by assigning security to continuously monitor this patient. You really need to press charges AND contact an attorney to look out for your best interests....

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I'm sure you have a right to file a police report. I think you should get a lawyer to represent your interests right away. Things like this have a way of going sour when employees actually stand up for themselves. For instance - why should you have to use your vacation time because you were hurt on the job? You ought to be suing the patient, your employer for not keeping you safe from a known dangerous person, and so on. GET A LAWYER. You are worth fighting for.

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I'm so sorry this happened to you. I hope this pt has assets to sue for should you have an injury, or at least to recover your vacation time.

Because your facility continues to admit this individual knowing his history and potential for violence, they are liable for your injury.

The hospital has more problems than it may realize. Not only are they liable for your injury, but injuries to other pts. If this pt is a wanderer prone to assualting women, and is without any type of restraint, what is to stop him from harming a vulnerable female pt?

Too creepy that any pt goes into other people's rooms.

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