Should assaults on medical personnel be a Felony Offense?

[NRSKarenRN, BSN, RN]

query seen at pa state nurses association website...

do you feel that assaults on medical personnel should be considered a felony offense?

yes

95%

no

5%

poll ends: 31 january 2008

i encourage you to vote there: http://www.panurses.org/new/

have seen bb members increasingly mentioning assaults as part of their work, so opening dialogue here......

assault (the threat of violence)

battery (physical violence)

will also send them our results.

[Elvish, BSN, DNP, RN, NP]

Absolutely.

[AmericanRN]

Absolutely it should be Felony battery. In Florida if you hit a nurse, doctor, emt, or fireman it's the same charge as hitting a cop. The actual charge is "felony battery on emergency personel" if you hit the above mentioned workers. It is in fact enforced, the only way out of that is if the worker iwho got hit signs a waiver of prosecution.

[donsterRN, ASN, BSN]

It absolutely and without question should be a felony offense.

[AmericanRN]

I also think that aggravated assault and aggravated battery should also be added since a person can plea a simple assault or battery charge to a misdeamnor. The aggravated part can boost a felony 3 or 2 into a felony 1 in some jurisdictions. That way if it starts off as a 1 or 2 it can be plead to 2 or 3 but not to misdeamnor.

An injured nurse affects public health as a whole, if he or she is intentionally harmed by some wacko everyone loses so it should be punished to the fullest extent of the law.

[VivaLasViejas, ASN, RN]

I agree wholeheartedly!

[nyapa, RN]

Absolutely it should be Felony battery. In Florida if you hit a nurse, doctor, emt, or fireman it's the same charge as hitting a cop. The actual charge is "felony battery on emergency personel" if you hit the above mentioned workers. It is in fact enforced, the only way out of that is if the worker iwho got hit signs a waiver of prosecution.

Why don't all jurisdictions see sense like this! We have both abuse and aggression forms where I live, and they can be used as a sort of contract. But many of the staff now don't use them as they don't get us anywhere.

[ERRNTraveler, RN]

I was bit by a patient while working in FL- she was charged with felony assault of a health care worker. People need to learn that just because we are in a "helping" profession, that does not give anyone the right to abuse us!

[KaroSnowQueen, RN]

OH HE!! YES!!!!!

I had my arm broken by a kicking patient. We had been told he was combative and to get someone to help. I had two orderlies and two aides holding his legs while I changed a toe dressing, he broke loose from all of them, kicked me and broke my left arm.

I did NOT get excused from work to go to the ER that night (was in LTC about 20 yrs ago),worked all the rest of the night and went to my PCP in am. DON did NOT want to hear about it the next day. Never did get workman's comp to pay a dime of it.

I wouldn't be that way now!!! I'd scream for an ambulance, and send every bill to the DON and tell her to kiss my fanny. And of course, no consequence to the patient at all.

[kythe, LPN]

I agree, as long as it applies to mentally competent patients. I have worked with Alzheimer's patients with a history of being combative, and I was once attacked by a non-verbal mentally retarded man. I do not believe there are excuses for this either, but in some circumstances these behaviors can be decreased through medication or implementing behavior plans. No one has considered pressing charges in these instances.

[Altra, BSN, RN]

Absolutely it should be a felony offense - the courts can and will easily weed out the cases where mitigating circumstances (dementia, etc.) come into play.

FYI NRSKarenRN: assault of a health care worker is a felony here in PA per my law enforcement buddy. Will look up the appropriate section of the PA code and post it as soon as I find it.

[Altra, BSN, RN]

from the pa code:

[serious bodily injury - bodily injury that involves a substantial risk of death, unconsciousness, extreme physical pain, protracted and obvious disfigurement, or protracted loss or impairment of the function of a bodily member, organ, or mental faculty.]

2702. aggravated assault 2) attempts to cause or intentionally, knowingly or recklessly causes serious bodily injury to any of the officers, agents, employees or other persons enumerated in subsection © or to an employee of an agency, company or other entity engaged in public transportation, while in the performance of duty;

(21) emergency medical services personnel.

(b)grading.--aggravated assault under subsection (2) is a felony of the first degree.

"emergency medical services personnel." the term includes, but is not limited to, doctors, residents, interns, registered nurses, licensed practical nurses, nurse aides, ambulance attendants and operators, paramedics, emergency medical technicians and members of a hospital security force while working within the scope of their employment.