What to do when Nurse is attacked and employer doesn't file police report?

[JKL33]

I admit I know very little about this. I was just searching around yesterday after reading this thread and came across info like this...obviously mostly informational advertisement, but it still makes me think that if the negligence has some element of egregiousness to it then it might not be out of the question that a lawsuit would be allowed In some states.

Unreal. I am so over corporations getting away with stuff that individual citizens would have to answer for.

[BeenThere2012, ASN, RN]

JKL33 said:

I'm very sorry to hear what you have been through and what you are up against.

I mentioned an attorney familiar with WC because in my mind it seems like they of all people would recognize a situation where even more remunerations than worker's comp would be available as a remedy to you all who are victims of preventable workplace violence. But maybe a lawyer with a different specialty would be better. I don't know. I am so sad to hear that when they learn the details of your cases they aren't finding ways to gain permission to sue your employers. As in your case you were told point blank that your employer's agent "doesn't believe in" providing what we all know is safe(r) care or undertaking necessary precautions. To me this is direct and gross negligence on the employer's part and they should answer for it beyond worker's comp. To know that you are even having trouble with the worker's comp process is beyond human understanding. I'm so sorry.

Unfortunately, I've known several folks over the years for whom WC was practically useless and it took years, not months or weeks to get the care they needed.  Very sad, frustrating and anger producing.  

For the OP and other poster who are going thru this, you have my sympathy and prayers you finally get the help you deserve and need.

[Hoosier_RN, MSN]

On 10/7/2020 at 12:07 PM, broomg said:

I’ve heard too often, “Well, that’s why your getting the big bucks.” I worked nearly 20 years in Psych. This scenario happens too often.

That attitude pisses me off. No one gets paid the big bucks to have the crap beat out of them! Well, maybe boxers or MMA fighters...

[explorereb96, ADN, BSN]

On 10/4/2020 at 7:37 PM, amoLucia said:

I'm most appalled at the deliberate refusal of security and the other male staff to assist in a crisis. That should also be addressed as they ARE facility employees, and thus the facility holds blame in that respect also.

To Assaulted Writer - get an attorney and by all means, FILE THAT POLICE REPORT. So sorry for you having to experience such an ordeal. Nurse Beth offers such good advice as usual. Hope you heal well, physically and emotionally. Holding good thoughts for you! 

Well to be fair....if the nurse received bare minimum PPE you can bet that they didn't make ANY available to the other staff at all.  The management of that facility is foremost at fault.  If that facility was accepting OVID positive patients, they should be ready with all of the precautions in place....extra staff on hand....PPE... and a protocol for when a COVID patient refuses to comply with safety measures.  Not only was this poor nurse beaten but that patient exposed a whole bunch of others to the virus by going into the common area...(I'm sure without a mask on).  I wish more people would bring on those lawsuits to facilities.  It should cost them more to defend those cases than to stop trying to save a little money on PPE or just being too lazy to do the right thing.  

[S.I.C.]

In facing this challenge, what should be the contribution to this nursing forum or to the nursing association?  Should we not contribute some money for this afflicted nurse. For sure the facility will pay the price, and I guess the security guard who refused to help must pay the price. What lesson can we learn from this. For the protection of employees, and other patients; some measures should take immediately such as restraining the patient by force.  This is a high profile situation that can happen to any of us. In this season of COVID-19, PPE should be made available to all staff without any condition.

[Gingercat1]

On 10/8/2020 at 8:37 AM, Nurse GreenBean said:

I disagree that this is due to patient rights. We don’t need to traumatize patients in order to keep them -and ourselves-safe. Actual safe staffing levels, with mandated extra staffing on higher acuity units would go a long way towards reducing issues like this. 

But then CEOs and shareholders wouldn’t see the same profits they do now, soooo....

Nursing, it was a great profession, but that is going away, understaffing/overwork, lack of facility, support and eating the young/new has been going on for way too long. Lots of nurses going to Advanced practice for something better.  There isn't a nursing shortage, it those who see the abuse and get  out and hospitals trying to keep as lean as possible for profits. Truly sad.

[brandy1017, ASN, RN]

On 10/6/2020 at 1:09 AM, adnrnstudent said:

These psych facilities continue to not get it. You staff for safety in Psych. Sue the facility.

A lawyer could make sure you are compensated for all the injuries, physical and psychological, including dental implants which are insanely expensive!  Many times workers get short shrift with workers comp unless they have an attorney to advocate for them.

Please we need to stop being martyrs for hospitals!  Please, please do not go into work just because they call, especially if you are ill or in this case assaulted!  We need to stand up for ourselves and take care of our mental and physical health.  Staffing will not improve by jumping in to the rescue every time they call!  It just feeds the dysfunctional system and lets management keep under staffing.  Do you see them picking up tons of OT?  No, because they value themselves and their personal/family time, yet feel it is our duty to sacrifice instead.  Just say NO!

[brandy1017, ASN, RN]

3 hours ago, S.I.C. said:

In facing this challenge, what should be the contribution to this nursing forum or to the nursing association?  Should we not contribute some money for this afflicted nurse. For sure the facility will pay the price, and I guess the security guard who refused to help must pay the price. What lesson can we learn from this. For the protection of employees, and other patients; some measures should take immediately such as restraining the patient by force.  This is a high profile situation that can happen to any of us. In this season of COVID-19, PPE should be made available to all staff without any condition.

Sure if there was a go fund me, we could help this nurse.  I remember when the two nurses from TX got Ebola, there were go fund me for them.  I gave to both gladly.  So happy they both lived and recovered.    Shocked their houses were turned upside down to clean them.  Talk about an invasion of your privacy!  I remember Amber Vinson's house was ransacked, her wedding ring disappeared and she was chastised in the press for getting on a plane, even though she had received govt clearance it was safe to do so!  Nina Pham was video taped by her hospital while she wasn't competent to give her consent.  It was a PR publicity stunt for the hospital!  So glad they both recovered, and was overjoyed when Nina was reunited with her dog Bentley.  Sadly a nurse in Spain wasn't so lucky as her dog was euthanized by authorities afraid the dog could spread Ebola.

I can't imagine what they went thru!  I was shocked reading how they were thrown under the bus without adequate PPE (which should have been a true hazmat suit and respirator) while taking care of an Ebola patient, and had to add tape  to cover themselves!  Even told to Google what to do by management.  Then the kicker being blamed for getting Ebola!  It is an echo of what nurses have been forced to deal with Corona, only difference is Corona isn't as deadly thank God!  But hundreds of nurses and healthcare workers have died so far as there are millions of patients with Corona!

[Ambersmom, BSN, RN]

I want to add when you file your police report make sure you get a case number. Im sorry this happened to you.

[brandy1017, ASN, RN]

On 10/12/2020 at 10:01 AM, JKL33 said:

I admit I know very little about this. I was just searching around yesterday after reading this thread and came across info like this...obviously mostly informational advertisement, but it still makes me think that if the negligence has some element of egregiousness to it then it might not be out of the question that a lawsuit would be allowed In some states.

Unreal. I am so over corporations getting away with stuff that individual citizens would have to answer for.

Nina Pham did sue the hospital which was hard to do in Texas.  I believe she did get a settlement, which is uncommon in workers comp injuries.

[brandy1017, ASN, RN]

Nurse GreenBean said:

I honestly didn't even know that calling the police was an option until reading the responses just now. I contacted my union, but all they cared about was if I could speak at a safety meeting the following month, so I assumed I had no recourse. Workman's comp has been a joke, with some of the worst doctors I have ever encountered being in charge of my care. 

I do have a lawyer, who I finally obtained after 7 months of getting run around, not having the restrictions of my light duty honored (and  thus continually getting re injured before I could heal, and r at best major flare ups of the nerve pain before it had even been managed properly). 

This has been an eye opening experience. 

I didn't even know that Workman's Comp would have to pay for mental health issues as a result of this. I'd be very tempted to make them pony up for some trauma work....but if the quality of their mental health workers matches the quality of their ortho doctors, I might be better off without it, TBH. 

I don't believe it is true that you have to see their doctors for WC injury.  I was able to see my own Dr when I had a back injury.  It is just a matter of coding it as workers comp.  I had no issues with my bills being paid.  Confirm with your lawyer but I do believe you can see who you want for ongoing care.  Of course, they would prefer you to go their doctors who are incentivized to minimize your injuries to save the hospital money.  In my opinion, they only put up road blocks to getting the care you need.  The same week I was injured another nurse was too and she went to the WC people rather than her own Dr and they were giving her the run around and denying her tests, but they did drug test her right away.