sevensonnets 975 Posts Dec 27, 2010 SNIPER, go back and read all the posts again. Only one person mentioned "violence," and the rest of us recognized that as hyperbole. What shocks me is that a nurse would think it's wrong for a fellow nurse who has been assaulted/injured by a patient to take legal action.
ImThatGuy, BSN, RN 2,139 Posts Dec 27, 2010 This was many years ago, the State also gave a very small supplement pay for potential dangerous duty,but the clause was that your family could not sue if you were fatally wounded. The not press charges issue was tired to that contract.You could not charge a patient for assault.At the time there was a union (closed shop), so if you wanted the job thiswas the agreement. I should add I was young, starting out as a nurse and as in todays climate jobs in my area were very scarce.Now the same job is contracted out to a private firm.....Dang. Sometimes culpability waivers don't fly anyway, but that's pretty sorry of your past employer. Regardless, at present, causing a physical injury to a member of the healthcare team in the performance of his/her duty is battery 2nd degree in Arkansas - a class D felony. Use an implement (weapon) to do it and it goes further south for the assailant.
Guest717236 1,062 Posts Dec 27, 2010 Regardless, at present, causing a physical injury to a member of the healthcare team in the performance of his/her duty is battery 2nd degree in Arkansas - a class D felony. Use an implement (weapon) to do it and it goes further south for the assailant.Excellent, with the current issues with assault on healthcare workers, would love tosee that go statewide. Thanks for sharing the information quoted above...
justashooter 180 Posts Dec 28, 2010 i'm with sniper. he and i would rather reach out and touch someone from 800 meters.
Belle Epoque 156 Posts Dec 28, 2010 This is precisely one of the reasons the nursing profession is disrespected and trivialized. The "getting beat up by patients is just part of the job" mentality. You're discrediting the entire profession by saying nothing. Stand up for yourself, and for your sisters and brothers in nursing and SPEAK OUT, even if nothing lawfully comes out of it, at least you've done your part to end the insanity.
ImThatGuy, BSN, RN 2,139 Posts Dec 28, 2010 i'm with sniper. he and i would rather reach out and touch someone from 800 meters.I don't think we're talking about the same sniper. I'm with you. Geez, I love to shoot. My dream job is being a sponsored shooter like with Team Glock, lol.
Been there,done that, ASN, RN 6,929 Posts Has 33 years experience. Dec 28, 2010 I have been assaulted by a psych patient. Some minor injuries with 2 so-called mental health workers assigned to control her behavior.No security or supervision available in that little hospital. I finished the shift , limping and pulling chunks of bloody hair out of my scalp.A patient with a diagnosis of acute psychosis is not responsible for their behavior. If the patient in your scenario had a different dx, you would have grounds to sue. Please speak with a lawyer, procede if possible, and make them accountable for their behavior if possible.Stay safe and watch your back!
Sniper RN 107 Posts Dec 28, 2010 SNIPER, go back and read all the posts again. Only one person mentioned "violence," and the rest of us recognized that as hyperbole. What shocks me is that a nurse would think it's wrong for a fellow nurse who has been assaulted/injured by a patient to take legal action.Where in this whole thread did anyone say it was wrong to take legal action? I only said I felt that as a nurse it would be wrong to hurt your patient even if they hurt you. (i.e. taking a chair to their head). Where would you draw the line? It's okay if they are 60 or younger? It's okay if they are male? I just feel it is wrong to hurt any patient. If you want to press charges, go for it. I never said that was wrong. But to even joke or use a hyperbole (which its intent is to cause/ create shock) about harming a patient I feel is wrong. You guys can peck away at your keyboards all night about it, I do not care. Wrong is wrong. They are still patients and to joke about taking a chair to their head, to me is disgusting.
iwanna 470 Posts Specializes in behavioral health. Dec 28, 2010 I think that it really depends on the situation, the patient diagnosis. I can remember an adolescent with borderline personality disorder being charged for assault. She was charged as a juvenile. She was legally responsible for her actions and was charged with consequences. I was assaulted a few times. Once, by an adolescent with autism. I didn't even consider charging her, as I don't think that it was appropriate in her situation. It would not be a learning experience for her. She was severely autistic.Again, each case is different. It really depends on the diagnosis, IMHO.
kids 1 Article; 2,334 Posts Dec 28, 2010 It depends on the diagnosis and situation.What penalty is going to be imposed on an actively psychotic patient who assaults someone in a psych unit? Or an elderly dementia patient? Neither is likely to be deemed competent to be prosecuted and they sure as heck aren't going to put them in jail, any 'penalty' is going to involve shipping them right back to the psych unit they came from.A cognitively intact patient? You bet I'm filing a police complaint and letting the system sort it out. A cognitively impaired individual I'm not likely to make a report, there isn't any point and it's a waste of resources, I just ask that my employer support me in any workers comp claim (which they have).I've had my bell rung by a gentleman who was actively hallucinating as a result of an adverse reaction to MS. I've had my back broken by a man who was profoundly demented due to Lewy body disease (who had just come from the geri-psych unit). "Justice" would not have been served by making a complaint to the police against either.
indigonurse 216 Posts Dec 28, 2010 If one human being assaults and injures another human being in a health care setting IMHO the correct thing would be to call 911. Once things get to that point it is obvious that the patient cannot be cared for in the current setting and needs to go to an ER with a 72 hour hold for evaluation. After that I would hope that the unit would not re-admit someone like that. My guess is that law enforcement would decide if the person committed a crime and needed to be arrested. Jails have psych wards for these types of people.
belgarion 697 Posts Specializes in Med Surg. Dec 28, 2010 Somehow I don't think sniper is a fan of Jonathan Swift.
