Mandatory reporting of injuries

Specialties Emergency

Published

What is the requirement to report injuries that are the result of a crime/domestic abuse? If you have a patient that tells you she was physically assaulted, but then says she doesn't want you to report it, is it mandatory to report it? If it isn't mandatory to report it and patient goes home to be shot and killed by same hubby, is the hosptial, nurse and/or doctor liable for not reporting it?

If it helps - this is in Wisconsin. Thanks

Specializes in PACU, CARDIAC ICU, TRAUMA, SICU, LTC.

This is a question to ask of your risk management department, IMO.

Specializes in chemical dependency detox/psych.

From what I read, yes, you need to report it, but I would check with your employer:

http://www.ndaa.org/pdf/dv_summary.pdf

Specializes in Cardiac, ER.

I'm in Missouri,..I can only report child abuse, elder abuse, abuse of the handicapped/disabled, gunshot wounds or dog bites. If an adult doesn't want to report it would be a HIPAA violation for me to report it.

Specializes in CAPA RN, ED RN.

In our state we are not required to report domestic abuse. We are required to do an abuse screen. However, we offer options including reporting to all of our domestic abuse cases. I agree about checking with your risk management department.

Specializes in Management, Emergency, Psych, Med Surg.

You need to check the law in your state. In most states you are required by law to report any abuse or suspected abuse or neglect of a child, an elderly person or a person who is incapacitated due to mental defect such as mental retardation, mental illness, or illness that makes them unable to care or make decisions for themselves. If you have a competent adult, you cannot force them to report a crime. You can certainly call the police, but if the victim is not willing to cooperate, law enforcement efforts may be limited. In certain circumstances however law enforcement will take a person into custody if they respond to a domestic violence call, even if the victim refuses to file charges against the offending party. But it depends on the law in your state. You should be able to search your states web site and find the law on this subject and your specific obligation for reporting.

In MD, we did an abuse screen on everybody--asked them if they were afraid of anyone close to them, but didn't ask if they had ever been abused. Our charting was computerized, so if they answered yes, then it automatically sent a flag to our social worker, and they handled it from there. I never had a patient come right out and tell me anything about any abuse, outside of the screen--but I would imagine that social work would get involved and they would handle it from there...notifying whoever needed to know, etc.

Specializes in IM/Critical Care/Cardiology.

The one experience I had with a patient it was the company policy to photograph the injuries in domestic assult. We kept pictures in case we were ever called to court and of course relied on our documentation either way of the person's wishes.

I agree to check with the appropriate departments within your facility, and also state law according to the Nursing Board and or state law itself.

Sharona

Specializes in ER, education, mgmt.

Only a handful of states have mandatory reporting of domestic assault. My state happens to be one of them. As the above poster said, check with your risk mgmt or social worker or legal dept. THey should know what your requirements are. Of course if it involves a minor- it is a mandatory report probably anywhere. I think if a weapon was involved might make a difference as well. Some states require reports of assaults with weapons regardless if it is domestic or not.

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