Injured by patient's family?

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Specializes in Pediatric Emergency Medicine/Trauma.

Recently I was participating in a code on a child and approx 20 family members arrived. They quickly split into sides and began verbally and physically fighting. Suddenly, a family member began spraying dog repellent spray and then our security used pepper spray.

I had a horrible reaction on my face and eyes and had a severe asthma exacerbation requiring ER treatment and a day off work to continue treatment at home.

Has anyone experienced being injured not by a patient but by a family member? Do we have any rights in regards to this?

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Specializes in Case mgmt., rehab, (CRRN), LTC & psych.

If you wanted to pursue the issue, it may (or may not) be possible for you to press charges against the family member who caused injury to you.

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Specializes in ICU, ER, EP,.

You were caught in the middle of an assault, wether intentional to you or not, they were assaulting each other. It would not be inapropriate to fill out a poliece report and find out what your rights are.

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Press charges. In my part of the world, it's illegal to carry any kind of spray and use it on another person.

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Specializes in Onc/Hem, School/Community.

Sorry this happened to you. I hope you are feeling better now.

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While the family member was the instigator I think you'd be hard pressed to prove *which* pepper spray caused your symptoms- the dog repellent pepper spray is a weaker version than is typically used by security.

As for 'pressing charges' in many states it is the sole decision of the DA whether or not to pursue criminal action. You can make a report but any charges are up to the DA.

More than anything I think this is the fault of your employer, why did security not notice 20 people rushing in and intervene well before it escalated to that point? As it happened on the job workers comp should be picking up the tab for your medical care and lost wages.

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Specializes in Management, Emergency, Psych, Med Surg.

You have the right to file a report of assault with the police but under the circumstances I can tell you now that it won't go anywhere. First of all, there is no way to determine exactly what made you sick, the dog spray or the pepper spray. Just write it off to experience and let it go. This is one that you just can't do anything about. At least they were not shooting at each other like they used to do in the ED where I worked.

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you MAY find that it matters not which spray caused the problem. The initiator of the problem may be found at fault any way....wont know 'till you file, and at least you are creating a paper trail.

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Specializes in school RN, CNA Instructor, M/S.

I hope you filed a workers' compensation claim notice with your facility!!! At the very least, you were injured in the performance of your duties and you have a reasonable right to safety at work. I don't know what state you are in but I believe you have 30 days to notify your supervisor and file a claim. You shouldn't have to pay a dime of your medical bills and it shouldn't be paid by your insurance either!! Trust me, it will be hard to get thqat money back. Also, if you belong to a union contact your rep to see if there is anything else you should be doing. You were injured and lost time from work. We have to look out for each other!!! I hope you are feeling better!!!

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