My rights after pt assault

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I'm hoping someone can help me with this.

We have a frequent flyer who comes to our hospital and as well as other neighborhood hospitals for treatment of wounds and infections. He is paralyzed waist down from a gunshot wound. He is verbally, physically abusive and several doctors at my hospital refuse to accept him as patient because of his thug behavior and they have figured out that all he wants is dilaudid. They know this because every they switch him to PO pain meds, he signs out AMA immediately. This happens EVERY TIME.

Last time he was on my floor was around Labor Day, I had to care for him. I was told never to be in a room alone with him because he cannot be trusted. So I was in the room with him and another nurse changing his dressing which upset him because I insisted the other nurse be present. When she had to leave, we had a CNA come in while I finished wound care and drew blood. Unfortunately, the CNA ran out of the room exclaiming "I have to get this to the lab!" And she left me alone with him while I was picking something up off the floor near his bed. Seconds later he reached over, grabbed my behind and began feeling me up. I reported it to the supervisor who said protocol was to file a workplace violence report. During the rest of his stay he behavior was so bad with other nurses and even patients a security guard was placed outside his room 24/7. And needless to say when they took him off his dilaudid, he signed out AMA. I was told the hospital was going to file charges against him for sexual assault against me and physically/verbally abusing other nurses (he throw an IV pole at my friend).

Well now he is back and on my floor. Do I have a right to refuse this patient? I'm also assuming the hospital never filed any charges. I am also wondering why this hospital keeps admitting him for minor things like, this time, fever.

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Specializes in NICU, PICU, educator.

Did you go to security and file a complaint against him? Where I work, our security are considered part of the city police force and do file reports. As for that patient, I would absolutely refuse to go in there without security, but Inwould refuse to take care of him.

And and the hospital can't refuse him.

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I'm not a lawyer, but wouldn't YOU need to be the one to file charges for an assault against YOU? That's probably why nothing has happened.

I don't know what your floor policy is, but I sure wouldn't blame you for not wanting to be near this guy again.

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I was told I was not allowed to file charges because hospital administration was notified. I also was told that if I filed charges personally against him, he could find out where I live.

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Security was notified and I was contacted at home by the head of security regarding this incident.

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Specializes in school nursing, ortho, trauma.

I can't give you any legal advice, but to me it sounds like you need legal advice. It does not sound right to me that a plaintiff's address would be made known to a defendant in a case of assault. You need to find out about your rights and your safety from an actual attorney - if it were me i'd do it now since he's admitted again.

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I was told I was not allowed to file charges because hospital administration was notified. I also was told that if I filed charges personally against him, he could find out where I live.

That sounds like complete bunk to me and an attempt to keep you from exercising your rights.

I'd consult an attorney. You might be able to get a restraining order against this guy.

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Specializes in M/S, LTC, Corrections, PDN & drug rehab.

The hospital is just telling you bull so you won't file charges. You have every right to file charges & you should! I would. No one deserves to be treated that way at their place of work. Don't listen to them, get a lawyer or talk to your malpractice carrier & file charges. If someone stands up to him maybe others will & the hospital will do something about him.

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Specializes in Infusion Nursing, Home Health Infusion.

Yes, It's battery and you can file charges if you want! Security needs to stay in the room at all times and this is what we do when we have a patient of this nature.

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and the CNA should have been written up for not staying.

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First off, I am having a hard time following where this patient's pain is. If he is paralyzed from the waist down, he still has feeling below his waist?

And his behavior is odd to me. Most/many "drug seekers" who do not have pain due to an injury WANT PO meds so that they can hoard them to sell on the street.

So I am wondering if this behavior is organic in nature. And there needs to be standing orders and a plan. The standard orders being that a security guard is to be 1:1 with this patient, 24/7. That whenever feasible, a male nurse needs to care for him. That the security guard needs to be in the room with the nurse. That the first time something untoward happens, the police are called immediately.

And that there needs to be an alternate discharge plan. There are various "sections" that can be instituted when a patient is a danger to themselves or others. There are locked skilled care units.

Finally, does this patient have a family that cares for him? If the patient is deemed unsafe, perhaps the charge nurse/manager can call his emergency contact (which is hopefully his mother) to come and sit with her son. I have seen the worst of the worst quiver in fear when Mama is on her way.

Time for a care conference.

And yes, the CNA does need to be re-educated. But there also needs to be a security plan in place for this patient going forward.

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Specializes in ICU.

Was recently assaulted and I pushed it all the way. Patient was arrested, red carded from my hospital.

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