Published Nov 5, 2003
STM
20 Posts
I have this letter in another forum...but thought the general discussion group might be able to help.
Was doing home visits, hospice, and was told that a significant other was psychotic, and showing violent behavior. I called my administrator for backup prior to the visit, and was denied, x 3!
Got through the visit but have bruises to show for it...and an attorney...now that I have been terminated, wants me to find policies other agencies have re: DANGEROUS HOME VISITS. So far no luck, nothing written. We had been told to take a second nurse if we felt threatened, yet I was denied. Attorney wants to see other policies....and have witnesses, which ain't gonna happen. Appreciate any input. Oxymorons don't belong in healthcare! Especially hospice! and Administrative!
Brownms46
2,394 Posts
When I did home health, we were not to go in, if we felt threatened in anyway! This was a long time ago, and I don't remember for sure exactly how our policy was, but here is some info, that might help you!
YOUR employer suxs big time!
http://www.osha-slc.gov/OshDoc/data_General_Facts/factsheet-workplace-violence.pdf
http://www.securitymanagement.com/library/001323.html
http://www.roughnotes.com/rnmagazine/2003/november03/11p70.htm
http://aca.health.vic.gov.au/documents/safety1.doc
http://509seiu.com/hvsafety.htm
http://site.netopia.com/admsol/copingwithcrimesofviolence/
I hope these are helpful to you, and good luck in dealing with this situation.
ktwlpn, LPN
3,844 Posts
Originally posted by STM an attorney...now that I have been terminated, wants me to find policies other agencies have re: DANGEROUS HOME VISITS. So far no luck, nothing written. We had been told to take a second nurse if we felt threatened, yet I was denied. Attorney wants to see other policies....!
an attorney...now that I have been terminated, wants me to find policies other agencies have re: DANGEROUS HOME VISITS. So far no luck, nothing written. We had been told to take a second nurse if we felt threatened, yet I was denied. Attorney wants to see other policies....!
Katnip, RN
2,904 Posts
I was thinking the same thing. You're paying this attorney. He has people to do this research for him. Make him earn his 1/3, or whatever they're charging nowadays.
Originally posted by cyberkat I was thinking the same thing. You're paying this attorney. He has people to do this research for him. Make him earn his 1/3, or whatever they're charging nowadays.
I am not paying a dime... he hasn't charged me anything...doesn't completely have a case yet. He has given me lots of advice, but not charged yet....
sjoe
2,099 Posts
"an attorney...now that I have been terminated, wants me to find policies other agencies have re: DANGEROUS HOME VISITS. So far no luck, nothing written. We had been told to take a second nurse if we felt threatened, yet I was denied. Attorney wants to see other policies....and have witnesses, which ain't gonna happen. Appreciate any input"
This attorney is making perfectly reasonable requests, AND these are requests that can save you money.
Apparently, he/she is retained on a contingency basis. This means, very simply, that whatever the settlement or reward is, FIRST, all attorney and legal expenses are subtracted, THEN the remainder is divided per your agreement, between yourself and this attorney.
The more you can directly contribute to your own case, the lower the attorney expenses will be--thus there is more to divide and the larger YOUR portion. The more work the attorney has to do in terms of obtaining documents, witnesses, etc. the higher the attorney and legal expense, so the less $$$$ for you.
Ask the attorney for suggestions about HOW to obtain the requested information or how else you can help out, if you need some help. If you can't or won't contribute, it is only fair to let your attorney know this, as well. That way, he/she knows to file a complaint (which costs money and your contract with the attorney MAY require you to pay this expense up front) and can request this infomation through the court system--which will take substantially longer than it would if you could get your hands on it yourself--delaying any action in your case for months or years.
It's really up to you, but your attorney is NOT being lazy or ripping you off.
oramar
5,758 Posts
As serious as the situation in the hospital is as far as potential for violence is in the workplace, I would imagine that home care could be doubly dangerous. I was wondering why I had not heard more along those lines.
Originally posted by STM I am not paying a dime... he hasn't charged me anything...doesn't completely have a case yet. He has given me lots of advice, but not charged yet....
I appreciate your input. I have had two attorneys, one general one from the suspension which led to the termination....the violence was the biggest , the employment attorney is also super, and I've never encountered such empathy since this all started. I'm very grateful. I knew there would be work for me to do...and I don't mind. Maybe I missed my calling and should be a paralegal..
sanakruz, ADN
735 Posts
Hmmm
I work oupt psych.We are required to respond to crisises.We NEVER go into the field for safety reasons. This is a job for law enforcement.
Your administratior is apparently incompetant. This individual should have known what to do-be it call mental health,the cops, some thing to keep you, the pt., and the SO safe! Violence is never ok, as we all know(or do we?)
I cant imagine you not winning this case. Maybe your attorney can help you become familiar with your states laws for involuntary treatment. Yes they do vary considerably from state to state.Here in CA the law states a person who presents a danger to themselves or others because of a mental illness can be datained by law enforcement for 72 hrs for evaluation of that disorder.I'm thinking that a statute similar to this in your state could be referenced as a "policy". This cant be the first time a "crazy" person was encountered on a HH visit! Just because there is no specific written policy saying "....Call the sheriff to initiate a 5150 on violent crazy person...." Doesnt mean a reasonable and prudent supervisor can say "oh well ,deal with it!?"
mattsmom81
4,516 Posts
SJoe is right...if the attorney has to do legwork you will be charged additional fees /for his time in addition to the contingency fee after the settlement is reached. So help him as much as you can.
And good luck to you...I don't do home health so can't help with the policy, but many here do and I'm sure they will help if they can. The short time I was in home health I was told to not proceed with the visit if I felt threatened in any way.
Town & Country
789 Posts
I have worked Home Health.
I never encountered actual violence or threats of violence like you describe (I never would have gone); but there was ALWAYS some sort of "domestic" problem going on in the home that made being there uncomfortable, to a degree.
Either the husband and wife weren't getting along, or one of them was a step-parent and jealous of the child/patient......etc.
No. What YOU are describing sounds horrific. I can't imagine even going into a situation like that. No way....
Agnus
2,719 Posts
I work for a hospice that doesn't address this.
However, a few years ago I worked for Olsten Health Services. They are now owned by Gentiva (I am sure you can find them on the web)
I also worked for Always Home Nursing Services ,8146 Greenback LN, Ste 104, Fair Oaks, CA 95628
The latter had very detailed policies about this. If you felt the situation was unsafe you did not enter alone. If you were already in the home when a situation became evident, then there were specific procedures in place for you to leave and return with backup.
I believe Olsten had something simular though my exact recollection is not clear.
I suggest you contact both of these directly.
It is sad that you do not have the support you need. I am glad you have an attorney. It is unconsciable that this is not addressed.