Could the client sue me for this?

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The client told me that she has been physically abused by her husband.... I am sitting at the couch in the lobby when a physical therapist who also works for the client sat down and i shared with him that the client told me she has been physically abused... I am just concern and i just want the PT to know so she can plan a better care for the client.... esp. the emotional aspect

the client got mad when she knew that i told the PT...

could she sue me for slander?

Specializes in NICU, Post-partum.
:hhmth: I just spit coffee all over my computer!!!! :lol2: Tooooo Funny!

Seriously though, it's a fine line. a 35 year old isn't technically "protected" by any laws......speaking of the USA of course......but it would affect her recovery and care and it is already apparent the stress is getting to her. As a general rule what healthcare providers share with each other for the care of a patient is protected from prosecution and you usually have to show malicious intent to be slanderous. I am really concerned for the kids.......you shoulod call your equivalent of children protection services to ensure the chuildren are safe!

Technically, it is never considered slander if what you are saying is true..ever, in any context.

Slander is saying something about someone that has no truth.

Libel is WRITING something about someone that has no truth.

If I knew my neighbor was a transvestite and preached at a local church, IF I could prove it (let's say I had pictures)..I could splash it all over the internet..and not a thing he can do about it..b/c what I said was truthful.

You get into trouble when you cannot prove what you are saying or you are making it up/exaggerating.

i told the physical therapist so she could validate if what the client saying is the truth .. because i guess as a PT she knew if the injury is caused by an abuse or not right?

You told PT to make sure the client wasn't lying? It's not your job to investigate your patients like that. Telling other care providers so that they are aware of the client history is one thing, bt if this was your motivation it sounds gossipy and NOT in the role of patient advocate.

Specializes in Critical Care, ED, Cath lab, CTPAC,Trauma.
In certain states, abusing your spouse or significant other in front of minor children is actually considered child abuse, is a criminal felony and therefore could actually fall into the realm of a mandated report. It just depends on the circumstances and particular law in that state.

Like I said.............there arer eally no laws protecting HER.....the key word here is HER. As I also mentioned I was concerned for the childrens saftey. There are laws making requiring healthcare workers to notify the authorities madated by law........Children, the disabled and the elderly. Women beaten by men are not...........how sad.

Specializes in being a Credible Source.
Like I said.............there arer eally no laws protecting HER.....the key word here is HER. As I also mentioned I was concerned for the childrens saftey. There are laws making requiring healthcare workers to notify the authorities madated by law........Children, the disabled and the elderly. Women beaten by men are not...........how sad.
Given that the OP is not in the US, your statements may or may not be accurate (let's hope she's not in a Sharia-law country).

Even in the US, the laws vary by state. In California, under a law authored by Jackie Spier, "Health care providers are required to make a report if they provide medical services to a patient whom they suspect is suffering from a physical injury due to a firearm or assaultive or abusive conduct."

It is unclear whether this specifically mandates reporting if the services are being provided for an injury or condition unrelated to the abuse though Ms. Spier has stated that her intent was to require reporting regardless.

Specializes in Spinal Cord injuries, Emergency+EMS.
1. The physician, needed to know.

2. The physical therapist..did NOT need to know.

3. The whole nursing team did NOT need to know.

4. The nurse who you are DIRECTLY giving report to, needs to know...not the ones that took care of her before hand or who MIGHT take care of her later...ONLY who you give report to...this is the essence of HIPAA (assuming you have something similar in your country).

However, nowhere did the OP say she CHARTED any of it!!!!

If you did not document the conversation...then it never occurred.

why did members of the team not need to know about the fact that the patient is in an abusive relationship, what about the safety of other patients and staff and the fact there are young children in the home.

this is almost certainly a Safeguarding issue ... and should be reported because of the presence of children in the home, also taking domestic violence seriously and dealing sensitively withi the issue while she is an inpatient may give her the confidence to leave that abusive relationship rather than become yet another of the fatalities associated with domestic violence, or is the wife still a chattel of the husband in the 'Land of the Free' ?

and what happened to knowing about all the patients on your unit ?

Specializes in Critical Care, ED, Cath lab, CTPAC,Trauma.
Given that the OP is not in the US, your statements may or may not be accurate (let's hope she's not in a Sharia-law country).

Even in the US, the laws vary by state. In California, under a law authored by Jackie Spier, "Health care providers are required to make a report if they provide medical services to a patient whom they suspect is suffering from a physical injury due to a firearm or assaultive or abusive conduct."

It is unclear whether this specifically mandates reporting if the services are being provided for an injury or condition unrelated to the abuse though Ms. Spier has stated that her intent was to require reporting regardless.

Yes I know that too......I have specialized in emergency medicine for 32 years where for the most of the time we are the first to encounter and care for those in need of services or intervention. I had already mentioned that in my first post that I was addressing the OP from the standpoint of the US.

Here.... Anytime there is a penetrating wound with a "weapon" it is reportable. That is how all those statistics are tablulated from. I have testified against a rare few law enforcement officers who had kicked the daylights out of their wives and been arrested....but the time trial comes around the wives won't testfy and they return to protecting the good citizens of their city. The point of how sad it is we don't really have laws that protect women too terrified to testify against their abuser was more the point. That and unlike mandated reporting for other situations you are not protected by law and therefore limits your options.

example: A 24 year old woman comes in with bilateral shiners and swears she walked into a door and that is also what caused the multiple brusies of varing stages of healing. I have no recourse but to assure her we could help her and then let it go.....if that was a child I can file a child in need of services or in danger whether the parents want me to or not. Same goes for the elderly and the disabled.

I still believe that the OP should have reported to all involved in her care that the patient divulged. because it DOES affect how the patient should be treated. She was already getting PT, usually due to pain from an injury. and was admitted for palpatations,lightheadedness fainting....all signs of stress........the patient obviously was asking for help and protection when "confiding" this to the nurse and those children needed intervention. I have had MANY family members and patients angry when I have filed protection reports.......Oh well! It is for the better of all involved. I just wouldn't have done it in a public area.......The last point is anyone can sue........the point is can they win..........just my :twocents::twocents:

Specializes in Home Health/Hospice.

next time any mention of abuse or things such as wanting to die and such you HAVE to call your DON or nurse manager and report this. You remember are a mandated reporter and this should've been reported.

Michelle

the client is 35 year old admitted due to palpitations , fainting and extreme fatigue. she has 2 sons... 8 and 6 year old.

her husband, as she told me, was alcoholic and hurt her whenever intoxicated....

i told the physical therapist so she could validate if what the client saying is the truth .. because i guess as a PT she knew if the injury is caused by an abuse or not right?

actually i told everyone on the team.. the nurse supervisor, the physician, the physical therapist and the other 2 nurses that cares for her on the different shift....

im not in the U.S so we have no laws about reporting it to government agencies or police.

You thought the PT could determine whether an injury was caused by abuse?

Well, they can't; and neither can anyone else except the doctor, and his is only a determination that the history does not match up to the injury.

Next time this comes up, tell the MD, and charge nurse, and take your cues from them. I doubt you have NO laws regarding domestic abuse reporting in your country, please check with your nursing license board.

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