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.

Oh, and one more thing--make sure that you have . Offers you another layer of protection.

And if this patient has a probation officer, now would be the time for the powers that be to drop a dime....

The hospital, or you, wouldn't be who "files charges". You simply call the police and report what happened.

If you are going to do it, the sooner the better!

Don't trust a third party to have your best interests at heart, ever. Some do, most don't, so make sure YOU do what's best for you.

I would refuse to have him. I have refused patients before and switched patients with another nurse.

You have the right to refuse a patient if you feel you are not safe.

RadioJenn, do we work at the same hospital? That sounds very familiar, unfortunately.

I'd honestly push the case as far as you could. No one has the right to treat anyone that way. It sounds as though his behavior continues because it goes unchallenged. I know it sucks to have to be the one to do it, but for your safety and the safety of others, I'd be talking to everyone I possibly could about what's happened.

Specializes in Critical care.

The hospital keeps readmitting this patient because he needs medical care .... and they get PAID to do that (read money signs). It may be possible to file a TRO, using the hospital's address, not your own, but I definitely would be concerned about the perp knowing my home address. Follow up with your HR about the progress of the charges they claimed they were filing. I have worked at hospitals where they serve patients like these with a no trespass notice, hopefully your hospital has that option.

Cheers

I don't know about where you live, but in my state it is an automatic felony to assault a health care worker. I have been assaulted several times doing 1 on 1s with psych patients and in EVERY instance the nursing supervisor has asked me if I want to press charges. I'm not a lawyer, but I would think it is well within your rights to file charges for him groping you. I'm sorry you went through that.

Specializes in Neuro.

I'm a former probation officer, if your employer is unwilling to act, you either need to consult an attorney right away or file a police report on your own...personally, I'd go straight to the police department and file a report. I don't know what state you are from, but where I'm from, it is an automatic felony offense to assault a healthcare worker. Once a police report is filed, it is absolutely unacceptable and unreasonable for your employer to expect you (the victim) to be assigned to care for a patient you have filed a police report against.

Specializes in HH, Peds, Rehab, Clinical.

Why would the hospital files charges? He assaulted YOU, not them. Not trying to be mean or snarky, but why would the facility do this?

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.

Specializes in Med-Surg, Emergency, CEN.
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.

THIS! But for the immediate, tell your charge nurse BEFORE the assignments are made. I doubt they'd assign him to you with legalities muddying up the waters. If you tell charge nurse after the assignment's made, you could be in danger of pt abandonment.

And definitely call a malpractice lawyer! They can tell you what to do right now and also how to follow up.

Specializes in LTC Rehab Med/Surg.

I don't know about anybody else, but there's no way I'd provide care for this patient.

I wouldn't place myself in arms reach. Which pretty much eliminates any kind of assessment, meds, or IVs.

No dressing changes either. It would be in the hospital's interest to find some other nurse besides me.

Specializes in HH, Peds, Rehab, Clinical.

I think someone is giving you bad advice and hoped that you would let it go.

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.
Specializes in LTC Rehab Med/Surg.
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