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!
I'm glad that the person was arrested in this case. I am assuming that this person was NOT mentally ill and just a sicko who felt they could attack you because you were a nurse.
It is a get away plan for some, they get in trouble with the police, say they are hurting and then the police either call EMS or bring them to the hospital and there they will intentionally hurt a nurse or other worker knowing that it causes a distraction where they might be able to slip away.
I have also heard of people hurting nurses because they were mad at not being to get a drug off them or because he or she wasn't fast enough in bringing them something. All inexcusable unless the person has Alzheimers or something where they truely don't know what they are doing.
i thought it was allready, there are signs all over the hospital i work in that assualt to a medical person is a federal offense... the signs are by the elevators and the front door and right outside the ED ...
I'm glad that the person was arrested in this case. I am assuming that this person was NOT mentally ill and just a sicko who felt they could attack you because you were a nurse.
Nope, just a drunk obnoxious woman, and being drunk &/or high is NOT an excuse to be abusive to others. I have gotten "tipsy" plenty of times while in college, and have never bit or otherwise attacked someone!
I agree wholeheartdly drinking is no excuse to hurt anyone ever. I know plenty of very nice alcoholics who never show their butt and would not hurt anyone unless it was self defense.
I myself have also been tipsy before college and nursing school "came a calling" and I was content to sit in my backyard with my tiki torches with my glass of wine and chat with my neighbors and friends. Then again I'm a dull person. Just can't imagine ruining a nice buzz with punching out anyone let alone someone who is trying to help me. Oh well some people are just "plain mean"
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.
This year a pt in our er punched a doctor. We later found out that in WV if he would have hit a police officer, paramedic, or other first responder it would have been a felony offense. But since it was in the ER it was considered a misdemeanor. This needs to change.:angryfire
784.07 assault or battery of law enforcement officers, firefighters, emergency medical care providers, publictransit employeesor agents, or other specified officers; reclassification of offenses; minimum sentences.--
(2) whenever any person is charged with knowingly committing an assault or battery upon a law enforcement officer, a firefighter, an emergency medical care provider, a traffic accident investigation officer as described in s. 316.640, a traffic infraction enforcement officer as described in s. 316.640, a parking enforcement specialist as defined in s. 316.640, or a security officer employed by the board of trustees of a community college, while the officer, firefighter, emergency medical care provider, intake officer, traffic accident investigation officer, traffic infraction enforcement officer, parking enforcement specialist, public transit employee or agent, or security officer is engaged in the lawful performance of his or her duties, the offense for which the person is charged shall be reclassified as follows:
(a) in the case of assault, from a misdemeanor of the second degree to a misdemeanor of the first degree.
(b) in the case of battery, from a misdemeanor of the first degree to a felony of the third degree.
(d) in the case of aggravated battery, from a felony of the second degree to a felony of the first degree. notwithstanding any other provision of law, any person convicted of aggravated battery of a law enforcement officer shall be sentenced to a minimum term of imprisonment of 5 years.
(3) any person who is convicted of a battery under paragraph (2)(b) and, during the commission of the offense, such person possessed:
(a) a "firearm" or "destructive device" as those terms are defined in s. 790.001, shall be sentenced to a minimum term of imprisonment of 3 years.
(b) a semiautomatic firearm and its high-capacity detachable box magazine, as defined in s. 775.087(3), or a machine gun as defined in s. 790.001, shall be sentenced to a minimum term of imprisonment of 8 years.
notwithstanding s. 948.01, adjudication of guilt or imposition of sentence shall not be suspended, deferred, or withheld, and the defendant is not eligible for statutory gain-time under s. 944.275 or any form of discretionary early release, other than pardon or executive clemency, or conditional medical release under s. 947.149, prior to serving the minimum sentence.
Yes, yes, yes!!! Absolutely!!! I have never understood why injuring a police officer is a felony, but not a nurse, fireman, EMS worker, etc. We are out there on the front lines as well!!!
This year a pt in our er punched a doctor. We later found out that in WV if he would have hit a police officer, paramedic, or other first responder it would have been a felony offense. But since it was in the ER it was considered a misdemeanor. This needs to change.:angryfire
I agree it needs to change in that state. When people go to lobby for this change in the law in their area, they should come armed with the statutes for Florida and states that have similar laws regarding states who have taken the lead and made this a felony offense.
There are also additional felonies here that can be added such as if the health careworker who gets injured happens to also have a documented disability and/or is pregnant.
Actually in Florida this applies to any pregnant female regardless of her job description and the disabled or physically incapicated also applies to whoever. Like hitting someone with MS or has a cardiac problem is seen differently then if a suspect hits someone who didn't have these health issues.
So if some idiot punches a doc or nurse here who was was pregnant and happened to have a preexisting cardiac problem as well, the moron would end up with seperate felony charges as opposed to one.
I think all states should get on the ball with making these misdeamnors turn into felonies of the 1st and 2nd degree. I am not comfortable with 3 rd degree because they can be plead to misdeamnors.
If an alzheimer's pt is combative enough to injure another person, then they are a threat to themselves and other people. If someone has a psychiatric disorder and is a threat they are thrown in a psych unit against their will and heavily medicated. I have seen alzheimer's pts that are excused from this behavior because they can't help it. I have been on the receiving end of it many many times during my years as a nursing home CNA. Behavior is behavior, no matter what the cause. Call me uncompassionate. Maybe a felony is not in order, but I certainly don't think it is fair to the caregivers to have double standards. Assault is assault, whether it's a 20 year old drunk or a 90 year old alzheimer's pt. I've had family member POAs mandate that their combative biting/scratching/kicking mother/father not receive sedatives and then the caregivers just have to deal with it/take the abuse. That is just wrong wrong wrong. There should be a system in place to legally require some of these types of pts to receive meds/restraints whether their POAs agree with it or not.
If an alzheimer's pt is combative enough to injure another person, then they are a threat to themselves and other people. If someone has a psychiatric disorder and is a threat they are thrown in a psych unit against their will and heavily medicated. I have seen alzheimer's pts that are excused from this behavior because they can't help it. I have been on the receiving end of it many many times during my years as a nursing home CNA. Behavior is behavior, no matter what the cause. Call me uncompassionate. Maybe a felony is not in order, but I certainly don't think it is fair to the caregivers to have double standards. Assault is assault, whether it's a 20 year old drunk or a 90 year old alzheimer's pt. I've had family member POAs mandate that their combative biting/scratching/kicking mother/father not receive sedatives and then the caregivers just have to deal with it/take the abuse. That is just wrong wrong wrong. There should be a system in place to legally require some of these types of pts to receive meds/restraints whether their POAs agree with it or not.
(sorry if that's too far off topic).
I don't think it's too far off topic. I think your viewpoint is interesting.
I don't see it as uncompassionate, we all see things differently.
To play devil's advocate though.....a police officer called in to handle that 90 year old Alzhemiers patient is most likely not going to arrest them and charge them with a felony. It makes them uncomfortable as well. Perhaps in these cases it is wiser of the hospital to handle it themselves then to call the law. Not all cops have the same training and whereas one might talk someone out of it, another is going to tase and thats that.
It also opens that officer up to an Internal Affairs investigation and possible lawsuit and dismissal from their agency. They themselves could end with an elder abuse charge if something went wrong on that call.
Imagine the reaction if they were called in and tased an elderly person who the hospital already admitted had Alzheimers or arm barred them and accidently broke their arm in the process. (this has happened before)
Many in their own peer group would see them as bullies and cowards for taking in someone that "sick" from the hospital into police custody.
They really do see things in categories right or wrong and many cops have a soft spot for elderly people since then tend to meet them under appalling conditions in their homes, and would be hesitant to see them in the same light as some 20 year old drunk college student or a bi polar 30 year old.
I'm not saying its right or wrong but that different job descriptions perceive things differently and many would say that Alzheimers patients cannot help themselves. I've met more then a few cops who were knocked flat by an Alzheimers patient and refused to charge them with anything if they already knew that person had it.
With that being said the drunk 20 year old is "going down". Just the way it is. It would be nice if there could be a conference of medical professionals with street cops and come to a meeting of the minds.......just a thought.
:angryfire
AmericanRN
396 Posts
I'm glad that the person was arrested in this case. I am assuming that this person was NOT mentally ill and just a sicko who felt they could attack you because you were a nurse.
It is a get away plan for some, they get in trouble with the police, say they are hurting and then the police either call EMS or bring them to the hospital and there they will intentionally hurt a nurse or other worker knowing that it causes a distraction where they might be able to slip away.
I have also heard of people hurting nurses because they were mad at not being to get a drug off them or because he or she wasn't fast enough in bringing them something. All inexcusable unless the person has Alzheimers or something where they truely don't know what they are doing.