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.