Husband of an assaulted ER nurse

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Hi all. My wife, and her three sisters, have been nurses for over three decades, each. I have heard all of the horror stories of overweight patients, the irate patient that thinks his/her needs are greater than the person getting coded, etc. That still did not prepare me for the reality of the 2:30AM call from my wife's supervisor in the Emergency Department that my wife had had her finger bitten off by a patient. The forum entry from 2003 about a similar incident led me here from "google", however, that forum thread had comments dated for over a year past the initial entry, but no conclusion or follow up. Now I know why.

The loss involved about a half inch of one of her fingers, which is still tender and is painful with almost any contact. The "patient" was indicted on second degree assault upon medical personnel, which is punishable with up to 10 years incarceration. The patient posted bail immediately and the indictment was a number of months ago. Since then there have been monthly hearings, but it has been almost a year and he is still a "free man". I surely hope he will be convicted and harshly sentenced, but the concept of closure is far far away. Workers Compensation Insurance has to be sued to get anything other than immediate medical bills and the pittance of compensation while out of work. You would think that the permanent loss of a part of one's anatomy would obviously be a (partial) permanent disability and they would at least make an offer before going to court, but that is not the way it is done. A civil case may follow, but it is likely to cost more than it's worth. I do not expect "closure" anytime soon, but I'll let you know the outcome as it unfolds. In the meanwhile, the hospital is starting to recognize that the customer (patient) is not always right and they are more regularly calling in the law and charging the spitters, yellers and other assaulting folk as they should have been doing all along. Having worked at a couple of large corporations, I can testify that such behavior would never be tolerated and even mild innuendo can cause a major multimillion dollar lawsuit. How have hospitals been getting away with allowing a "hostile work environment" for so long? Why has OSHA been looking the other way for them?

Specializes in IMCU.

Um...When I read this stuff I seriously reconsider my desire to be an ER nurse. Yikes!

Sorry about your wife's finger. How awful. It just isn't right.

I am very, very sorry for the battery that your wife endured.

However, I have to say that I do not agree that the loss of a partial digit would render someone unable to work and therefore, subject to financial compensation for the rest of one's life.

We have a nurse that sustained a car accident three years ago and lost three fingers on one of her hands.

She can still do everything that she did before.

We also have a surgeon that is missing one of his hands due to a childhood accident.

She is only as limited as much as she chooses to be.

My wife and I agree with your sentiment regarding disabilities. However, unlike the bruises she has gotten from being hit or kicked, the portion of lost finger will not grow back and it will not function as well as before the incident. That is, by definition, a permanent disability which the insurance company actually states as a percentage of disability. For this level of disability, a relatively small sum can be collected which almost makes up for the loss in regular salary plus overtime as compared to what Workers Comp paid for the five weeks of missed work. She has not missed work since then and will not get "financial compensation for the rest of one's life", unlike many who are classed as "permanently disabled" with fibromyalgia that show up often in the ER seeking meds and seem healthier than most of the staff.

Is your wife getting any kind of counseling? I ask because it's often the case that the physical and legal and job-related aspects of such an event can easily overshadow any inner jarring that results. I'm not one who likes our current tendency to pathologize everything, but there is merit in giving attention to the spirit that has been rattled by a vicious attack and then again by the criminal justice system and the financial ramifications. You have been through this with her and might benefit from some help as well.

You are very fortunate to have each other. But sometimes it just helps to put it all into words with someone who isn't emotionally invested in the situation. You might be surprised at what's "in there." Then again, maybe not.

I hope the justice system gets this person off the streets for a good long while.

Specializes in PCU/tele.

Sorry to hear about the awful event that you two have been through. Unfortunately, nursing is full of events like taking care of violent, rude, gross, manipulative and ungrateful people. It would be great to have more enforcement on people who think its appropriate to try to pee on us, hit/kick/ assault us!! if the shoe was on the other foot, WE would be the ones in trouble with the law (most likely immediately) AND also have our license boards enforce us as well probably just as fast!

I guess HIPA is for the public, not the hospital employees.

Sorry for this event also! I know EXACTLY where you are coming from!! a few yrs ago I had surgery at a hospital i was working at, and knew I had a 50/50 chance of coming out of the surgery a cancer patient... well, I woke up as a cancer patient. The only people in my life that knew what was going on was my husband and our families, and one of my closest friends in my life. when i was discharged, I got a phone call on my way home from one of my friends who i did not want to disclose anything to until i knew what was going on for sure in my life since he was going thru a divorce and had enough on his plate at the time.... He said, "so why didnt u tell me u have cancer and had surgery yesterday??" :banghead:come to find out his soon to be ex wife's cousin was a RN on the surgical unit, she found out what was going on thru the nurse that was taking care of me and decided to call people and tell them before I could! And mysteriously ALL the people that I worked with knew before I had a chance to tell them too!!!

Specializes in long term care, psychiatric setting.

Babylady....do you know the extent of the emotional as well as physical pain this nurse is enduring? even though her finger was reconstructed, it is of no use to her..meaning..its a permanent loss..how well can she perfom as a nurse if she's in excruciating pain? this woman went into this field to help..not get hurt, and as fellow nurses we need to support her..this could be one of us someday. it did sound as if you were downplaying this woman's injuries. she needs to use her hands to work with. if your finger ache all the time..how can you use it? how can you be a productive worker if you're constantly in pain? what should she do? pop oxycontin q4? this was a vicious and unnecessary act of violence..that bum deserves prison time and this nurse deserves emotional as well as financial compensation...my heart goes out to her family

Specializes in NICU, Post-partum.
Babylady....do you know the extent of the emotional as well as physical pain this nurse is enduring? even though her finger was reconstructed, it is of no use to her..meaning..its a permanent loss..how well can she perfom as a nurse if she's in excruciating pain? this woman went into this field to help..not get hurt, and as fellow nurses we need to support her..this could be one of us someday. it did sound as if you were downplaying this woman's injuries. she needs to use her hands to work with. if your finger ache all the time..how can you use it? how can you be a productive worker if you're constantly in pain? what should she do? pop oxycontin q4? this was a vicious and unnecessary act of violence..that bum deserves prison time and this nurse deserves emotional as well as financial compensation...my heart goes out to her family

It doesn't matter if you lost a portion of your finger in an accident or as a victim of a crime.

Is the actual loss any different? No, it is not.

You don't have control over how the loss occurred, you have control over how you HANDLE the loss.

Please go back and read my posts again...apparently, you didn't read them the first time.

I never stated it wasn't a permanent loss, I said it was not a PERMANENT DISABILITY.

A permanent disability is defined (as incorrectly stated by the OP), is where the loss of function of a limb has significantly and profoundly impacted your ability to perform your job to the point where your earnings are not the same.

A surgeon, who has functioned his entire life with one hand, and then suddenly has a disability where he cannot perform surgery...such as an accident or other trauma that may cause uncontrollable temors in the hand...that is a permanent disability.

Pain that is unmanageable, can be considered a permanent disability.

Mental illnesses, can be considered a permanent disability.

The loss of 1/4 of a finger is not a permanent disability...you can still move a patient, start an IV, write to chart, you can still type, you can still administer meds and monitor and assess the patient.

It doesn't affect your earnings, other than your time to heal, one bit. You are still as employable as it was before.

There is no physiological reason for a finger to be in pain 24/7...that is what they call phantom pain....and she needs to see a physician that can manage that.

I am not minimizing her injuries, I am putting them in perspective.

Stephen Hawkins is as disabled as they come...but it doesn't impair his ability to perform research and theories.

You are as limited as YOU CHOOOSE TO BE.

I am terribly sorry this happened to your wife - please do update us on the outcome.

Sometimes I feel like I lose all constitutional rights when I walk through the door of my workplace.

is your wife getting any kind of counseling? i ask because it's often the case that the physical and legal and job-related aspects of such an event can easily overshadow any inner jarring that results. i'm not one who likes our current tendency to pathologize everything, but there is merit in giving attention to the spirit that has been rattled by a vicious attack and then again by the criminal justice system and the financial ramifications. you have been through this with her and might benefit from some help as well.

you are very fortunate to have each other. but sometimes it just helps to put it all into words with someone who isn't emotionally invested in the situation. you might be surprised at what's "in there." then again, maybe not.

i hope the justice system gets this person off the streets for a good long while.

thanks to all here for the support. weekly sessions of counseling in the first 6 months or so did help with the ptsd, but seeing the guy sentenced to 5 (up to 10 yr) will provide a lot of satisfaction. the ideal event at that point would be for the hospital to advertise that result so that people coming into the er will know to behave themselves. however, i expect them to want to keep it as quiet as possible, considering it to be bad publicity. what they don't seem to realize is that most of the public already dread going to the er because of the low-lifes they encounter.

and for babylady, check the definitions, particularly the legal definition, which is the context of my original posting:

"permanent disability. in a worker's compensation case, a work related injury that will last the worker's lifetime." http://www.krootlaw.com/info-library/legal-dictionary/

"permanent disability (or permanent impairment) includes any degree of permanent nonfatal injury . it includes any injury that results in the loss, or complete loss of use, of any part of the body, or any permanent impairment of functions of the body or a part thereof." http://www.nsc.org/lrs/glossary.aspx

"permanent disability n. an injury which impairs the physical and/or mental ability of a person to perform his/her normal work or non-occupational activities supposedly for the remainder of his/her life. under workers' compensation laws (covering on-the-job injuries) once the condition is stable, a degree of permanent disability is established even if the employee is able to work despite the physical problem." http://legal-dictionary.thefreedictionary.com/permanent+disability

you stated that "stephen hawkins is as disabled as they come...but it doesn't impair his ability to perform research and theories." how can you believe he was not impaired? if he didn't have waste his time typing out one letter at a time with his tongue he might have written many more books and completed a "unified field theory" many years ago. you can work around a disability and accomplish great things, but it is still, legally, a permanent disability.

Specializes in School Nursing.
It doesn't matter if you lost a portion of your finger in an accident or as a victim of a crime.

Is the actual loss any different? No, it is not.

To me, that is as logical as stating that a rectal tear resulting from an accidental fall (one in a million shot, doc!) is no different than recal tearing as a result of rape. The fact that the injury was a result of a crime and a violation of one's own body by another person has a HUGE impact on the loss. This nurse was violated. A person she was trying to help stole a part of her body. I cannot see how the loss associated with that is not immeasurably different that an amputation as a result of an accident.

As far as disability, I agree that you have to look at the legal definition. Does this woman deserve to be compensated. Absolutely. For the rest of her life? Well, if she is unable to return to her previous level of functioning, PAIN FREE, then yes. Absolutely.

Specializes in NICU, Post-partum.
To me, that is as logical as stating that a rectal tear resulting from an accidental fall (one in a million shot, doc!) is no different than recal tearing as a result of rape. The fact that the injury was a result of a crime and a violation of one's own body by another person has a HUGE impact on the loss. This nurse was violated. A person she was trying to help stole a part of her body. I cannot see how the loss associated with that is not immeasurably different that an amputation as a result of an accident.

As far as disability, I agree that you have to look at the legal definition. Does this woman deserve to be compensated. Absolutely. For the rest of her life? Well, if she is unable to return to her previous level of functioning, PAIN FREE, then yes. Absolutely.

Tell that to the insurance company or the social security administration.

Trust me, they don't see any difference between the two.

Specializes in Gyn Onc, OB, L&D, HH/Hospice/Palliative.

It seems she should (or did?) get STD for her 5 weeks med LOA, as you state she has not missed work since, so it seems she can perform her usual duties as before her injury and presumeably was cleared by an MD to do so. In this case I don't think she would qualify for any perm disability compensation. I am sure many workers have lost part or all of fingers in equipment and do not receive perm disability, I know many people who have had such occurrances and are missing entire fingers and cont to work with their hands in their jobs. I understand your anger and frustration as this was not an accident but an assault, I just don't think the 'powers that be' decipher the difference, but just look at the final outcome.

Specializes in Pediatrics.

I am so sorry for what happened to your wife. Last year a coworker, another tech was in helping to restrain a drunk woman and got kicked in the face, and pretty much shattered her nose. She hasnt been back to work yet. She has had to have multiple surgeries to repair the damage and still can not lay flat when she sleeps. I know that my coworker pressed charges, but she was told not to hold her breath for any resolution any time soon, that she would be charged with assult

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