Punched by a patient

Nurses General Nursing

Published

If you are punched by a patient do you have any rights? Is that grounds for someone to be discharged from a facility?

Specializes in Travel, Home Health, Med-Surg.

It depends. What type of facility, what type of admin, is pt A&O. It has been my experience that nothing happens no matter what the employee does. If the pt was A&O I would file a police report but don't expect much else to happen. Should not be this way but that is usually the reality (sad to say!!). Good luck!

Specializes in Psych, Addictions, SOL (Student of Life).

It depends on the circumstances - in Psych even though I've only been hit 1 time in 20 years. The risk of being hit is considered a hazard of the job. That does not mean the patients get away with hitting people. Unstable people with psychosis often cannot differentiate between what is right or wrong. So usually don't get charges pressed. Patients who are assessed to be competent enough to understand the consequences of their actions will get a visit from the local police. Still we just can't discharge them to the street if they are not stable.

Perhaps if I knew more about your work setting I could give you more information.

Hppy

5 Votes
Specializes in New Critical care NP, Critical care, Med-surg, LTC.

This is a sticky subject, and you're likely to get a wide variety of opinions. First, I hope you're okay and you filled out the necessary incident paperwork so you're covered in case of injury. It's happened to me, and I once filed charges against the patient, but nothing every came of it. It's happened to me other times and I didn't do anything because I didn't feel there was a real threatening intent. Was the patient alert and oriented? What preceded the patient punching you? (not because I think you did something to deserve being punched, but were they just generally out of control at the time) I would like to say that you have rights and no one should be harmed in any in the course of their job. However, sometimes it happens, in a few fields I can think of like police, EMS, teachers, etc. How you facility chooses to proceed is somewhat beyond your control. My former long term care would not discharge a patient because of the behavior and there are actually some laws that protect patients about being discharged for mental health issues. You would have to find out from your administrator what the follow up course of action is. Good luck.

2 Votes

Depends on several factors as others have pointed out. The main thing is complete an incident report as it's very important in case you need it in the future for litigation or worker's comp. Also, documentation is your best friend. Be sure to chart the patient was "physically abusive towards this nurse resulting in injury, etc" or staff or however you choose to word it.

1 Votes
Specializes in ER.

Simple. If your employer doesn't do anything about it, admit yourself as a patient (preferably psych in the ED) and punch the CNO in the face. Double points if you get the president.

18 Votes
Specializes in CMSRN, hospice.

Points to echo others above: If the patient was A & O, it is probably worth a police report, though not much may come of it. Document in patient's chart and add a flag to their record (if possible with your EMR) that s/he is violent.

Also, while patients can't get thrown out of the hospital just like that, I would check with their care team if a behavioral contract can be written for them. Again, only if patient is A & O and in control is this an option, but it is worth considering. The team needs to send a message that violence will not be tolerated, and some behavioral contracts will include consequences up to administrative discharge for repeated inappropriate behaviors.

Finally, seek the physical and mental support you need, and take care of you! No one should have to deal with this at work, and I'm sorry this happened to you.*Hugs*

1 Votes
13 hours ago, nurseontheway said:

If you are punched by a patient do you have any rights? Is that grounds for someone to be discharged from a facility?

If you had altered mental status and couldn't make rational decisions, would you want someone to kick you out?

That's one thing....anybody else should be arrested.

2 Votes

I work with people with developmental delays and psych dx's, so they are not legally accountable. However, we always write incident reports for every outburst or unusual behavior because it sometimes prompts the MD to change their meds. A more appropriate PRN can really help! We have had staff get fingers broken, lacerations and contusions, eye injuries and even get thrown down the stairs. Fortunately (?) I had to learn to hold my own physically pretty early in life so although we are not even allowed to restrain residents, I'm great at ducking and weaving ?.

I'm not a nurse (yet!), but I think it's especially difficult for nurses vs unlicensed staff, being vulnerable to physical attack yet knowing that even reacting instinctively to someone swinging can jeapordize one's license, which took so much money and effort and time to acquire. Seems there should be more recourse and protection especially involving assault from A&O patients/residents.

2 Votes
On 6/30/2019 at 9:03 AM, Jory said:

If you had altered mental status and couldn't make rational decisions, would you want someone to kick you out?

That's one thing....anybody else should be arrested.

Well, if you had AMS, you wouldn't also be able to rationalize being kicked out or not.

That is a legal question and depends on many factors. Sorry I can't provide a clear answer.

However, your employer is to provide a safe environment for you to do your work, this I know. So, that may have some impact.

On 6/29/2019 at 6:43 PM, JBMmom said:

This is a sticky subject, and you're likely to get a wide variety of opinions. First, I hope you're okay and you filled out the necessary incident paperwork so you're covered in case of injury. It's happened to me, and I once filed charges against the patient, but nothing every came of it. It's happened to me other times and I didn't do anything because I didn't feel there was a real threatening intent. Was the patient alert and oriented? What preceded the patient punching you? (not because I think you did something to deserve being punched, but were they just generally out of control at the time) I would like to say that you have rights and no one should be harmed in any in the course of their job. However, sometimes it happens, in a few fields I can think of like police, EMS, teachers, etc. How you facility chooses to proceed is somewhat beyond your control. My former long term care would not discharge a patient because of the behavior and there are actually some laws that protect patients about being discharged for mental health issues. You would have to find out from your administrator what the follow up course of action is. Good luck.

Hit a cop, go to jail. Probably EMS, too.

Nurses need to file a police report, get the police to come to the scene of the assault and battery/attempted murder. The hell with Admin or other nurses or anyone who tells you you must just lay down and take the crime.

Those who say they reported crimes but nothing came of it - it's because you didn't follow through with an attorney of your own and with the Prosecuting Attorney.

1 Votes
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