My rights after pt assault

Nurses General Nursing

Published

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.

Ok here is the update:

He came to my floor and was discharged within one day before I returned to work. However, when he was there, he berated and abused the two nurses who cared for him. Security was not placed outside his room and nurses were told if they felt unsafe, to call security only if necessary.

I spoke my uncle's attorney. He said ideally you want to be reassigned to another floor or at least not given him as a patient. If that could not be accommodated, insist security be present every time you entered the room. If none of these conditions could be met, refuse to work and go home (with pay). Any retribution from the company (like termination) would result in a wrongful termination suit. My lawyer said he was shocked the hospital would bring him back to our floor after what just occurred and it contributed to a volatile situation that could turn dangerous.

Some quick answers to your questions:

He has a brother who mostly cares for him but is just as crazy....he tried to grab and kiss one of my co-workers last time he came to the hospital.

It has been suspected that his brother has smuggled drugs in to the hospital for him. So the dilaudid craving is likely a drug fix not a need to reduce pain.

I just found out today one of my co-workers pressed charges against him and has a court date at the end of October. He told me security called him asked if he wanted to do it. I was NEVER asked and was clearly told the hospital would file charges against him on behalf of employee complaints. And yes the defendant does have a right to see who filed a complaint and that complaint will have the plaintiff's address.

So, I'll just follow my attorney's advice for now and pray this guy doesn't come back while I still work there.

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