Needhelp w/ debate: nurses and abused women

caroladybelle, BSN, RN · Oct 14, 2005

In many states, we are required to report domestic abuse of ANYONE.

Gennaver, MSN · Oct 14, 2005

Hello,

Which position are you required to take?

I would prefer to be in the position that argues for reporting domestic abuse.

Do you think a search on Lexis Nexis would help or anywhere that would have law, (Public Laws) where you can read the argurments for and against those laws or bills when they were on the floor?

Good luck,

Gennaver

SerenityR.N., BSN, RN · Oct 14, 2005

I am going to take the pro side. i just wasnt sure where to start to my research. i was trying to find a way to get the laws of the states and maybe that would help me.

Hello,
Which position are you required to take?
I would prefer to be in the position that argues for reporting domestic abuse.
Do you think a search on Lexis Nexis would help or anywhere that would have law, (Public Laws) where you can read the argurments for and against those laws or bills when they were on the floor?
Good luck,
Gennaver

Gennaver, MSN · Oct 15, 2005

I am going to take the pro side. i just wasnt sure where to start to my research. i was trying to find a way to get the laws of the states and maybe that would help me.

Just did a google search on mandated reporters of domestic violence... lots of links

http://www.google.com/search?hl=en&lr=&q=mandated+reporters+of+adult+domestic+violence

Also from the first link on the list, (Illinois based) there was a hyperlink to a legal section which has more links in the text regarding civil law and legal stuff:

http://www.ilcadv.org/legal/default.asp

Same link as above brought me to another link for mandated reporting:

http://www.ilcadv.org/legal/mand_report.htm#qw

At that site it explains how the only adults that professionals are responsible to mandate for are those over sixty yet, from the same site they have this listed, (copied and pasting:)

Is there an Illinois law that Professionals Must Report Domestic Violence occurring to an Adult Victim?

There are no Illinois Statutes written specially for domestic violence that mandate professionals to report domestic violence of an adult to law enforcement officials. (Except for the Seniors mentioned in this article.)

A 1931 Illinois law primarily designed to detect criminal activity states:

It is the duty of any person operating a medical facility, nurse, or doctor to notify the local law enforcement agency when it appears the patient has received any injury resulting from the discharge of a firearm, or any injury sustained as a victim of a criminal offense. (20 ILCS 2630/3.2)

There are differing opinions and inconsistent interpretations of this law regarding adult domestic violence Victims. Contact the Legal Institute of the Illinois Coalition Against Domestic Violence for a packet of material on this topic.

The advantages and disadvantages of Mandatory Reporting of adult Victims of domestic violence are under study by some professional organizations.

endpaste:

So this issue in my homestate is not as clearcut as it would seem. If not mistaken then health care professionals are not protected by certain rights in case of retribution that an adult who was reported against may want to take. Sort of puts the gag on us, darn, yet, there are clearly individuals who are being battered, traumatized and mistreated because of domestic violence, (and need assistance from an outside entity to extricate themselves). This is my personal immaturely thought out opinion of course. Let me think on it...

Good luck,

Gen

fergus51 · Oct 15, 2005

Be aware of the counterargument: Women will not be honest with their healthcare providers if they know their confidentiality will not be respected.

Long Term Care Columnist / Guide · Oct 16, 2005

There is also this to consider: Women are killed by their abusers every day, many of them AFTER having called the police themselves, having the abuser arrested and/or obtaining a restraining order.

It is assumed in this society that adults between 18 and 65 are competent and can make decisions for themselves......including bad ones. While I have all the sympathy in the world for battered women, I personally would never report a domestic violence case against a woman's will. Why? Because it could easily get her hurt worse, or even killed, and I wouldn't want to be even partially responsible for that. It's one thing to ask a battered woman if she would like us to call the police, or to refer her to a shelter, or to help her get away from her abuser; it's quite another to use a one-size-fits-all approach, the way we do with children and the elderly. SHE is the one assuming the risk; what right do we have to take this decision out of her hands?

Just some food for thought......

allnurses Guide · Oct 16, 2005

We are mandated reporters of abuse - to anyone.

I've never given it a second thought . . . . . .. .

steph

Gennaver, MSN · Oct 16, 2005

There is also this to consider: Women are killed by their abusers every day, many of them AFTER having called the police themselves, having the abuser arrested and/or obtaining a restraining order.
....
I personally would never report a domestic violence case against a woman's will. Why? Because it could easily get her hurt worse, or even killed,
...
Just some food for thought......

Hi,

Very true, this is the best argument against madated reporting for adults, (who pretty much do have thier own choices to make yet, may need time or resources to safely put those choices into motion).

Where a child or elder in need do not have the ability to even make those choices.

Yes, an abused person may be emotionally and physically traumatized and controlled beyond belief, however, she/he is not in the same category as a child or dependent elder.

Petitioning claims of abuse (as statistics have shown) will only 'really' piss off an abuser! Then the abuser, who is aleady incapable of dealing with his/her world, may possibly 'really' loose it.

So, the very patient that you "intended" to help may end up suffering greater.

If the abused does not have the resources to leave, (no money, no kin, no support, no job, no health insurance, no clothes, no car, no food or doesn't speak the language) you may forcing her/him to leave. I mean, the abuser at home is bad but, at least she/he knows how to navigate that system, the abuser or worse on the streets and alleys may be far worse. Please, do not even try to mention the sanctified concept of "women's shelters" to me, those are also another resource that need to be planned for, there are waiting lists, qualifying factors and so on and on.

Gennaver

p.s. a soc/psych major