To make things simple, this patient was in for GSW's. Threatened to shoot me, my mother, knock me out, and what not. Has been assaulting and threatening staff. Took a pic of me and placed guns to my head and knives in my chest and posted it on Instagram with threatening captions.
We ended up calling security, the police, notified the PCC, my manager and director. My whole floor knows as well. I got a copy of the police report and asked if it'd violate HIPPA if I were to show this to people I know. I was told that it would violate HIPPA because the patient's name is on it. However, I don't see how this could possibly be a violation of HIPPA given that they were death threats. I decided to not press charges if all photos were deleted and the police checked three times. However should I have pressed charges, then it would have been terroristic threats.
Specializes in Psych, Addictions, SOL (Student of Life).
A nurse friend of mine had similar situation with a patient who verbally threatened her with physical harm once he got out of the hospital. She felt sorry for him as well. Figured his action were a result of his illnesses both medical and psych and decided not to press charges or get a restraining order. About a week after his discharge he looked up her address on people finders, went to her house and killed her dog (A big mean strong mastiff). This is why I have an unpublished address, keep my social media accounts private and a loaded gun within arm's reach.
And while it may seem nitpicky for every on to have jumped on HIPAA vs HIPPA remember we nurses are supposed to be educated thinkers and when you are talking about legal and professional practice issues. We should at least be spelling correctly
There was a discussion on AN a while back about a male who was sexually assaulted by another male, but the pt did not want to press charges. It was basically unanimous that the pt could not choose not to press charges--it was not up to him. Is this situation any different?
There was a discussion on AN a while back about a male who was sexually assaulted by another male, but the pt did not want to press charges. It was basically unanimous that the pt could not choose not to press charges--it was not up to him. Is this situation any different?
In my state prosecutors are the ones responsible for deciding how/whether someone's conduct will be prosecuted. Police reports are forwarded to prosecutor for review and decision-making.
Most states have laws on the books making it a crime to assault a HCW, and at least 30+ make it a felony.
My guess is the OP isn't the ultimate one to determine whether (how) this is prosecuted. Thankfully.
The idea that victims decide who gets charged/prosecuted is not correct, though the prosecutor very well may be interested in the victim's opinion and other information regarding the situation. But the OP does not get to determine whether the patient faces any consequences of this behavior which is a felony in multiple U.S. states. There are also many offenses which are prosecuted regardless whether or not there is a victim, per se (such as DWI, for example), because of the harm or threat those offenses pose to general society. I would think assault of HCW meets this kind of criteria, too.
There was a discussion on AN a while back about a male who was sexually assaulted by another male, but the pt did not want to press charges. It was basically unanimous that the pt could not choose not to press charges--it was not up to him. Is this situation any different?
Wait, what? Don't adult, competent sexual assault survivors always have the choice of whether to report or not?
Specializes in Complex pedi to LTC/SA & now a manager.
Wait, what? Don't adult, competent sexual assault survivors always have the choice of whether to report or not?
Report yes. That discusses whether or not the accused criminal can be charged.
Prosecute it depends. If the evidence is sufficient and objective (such as the assault was witnessed by a third party or staff member) a prosecutor can move forward without the help of the victim, though it's understandable why many victims don't want to move forward due to victim shaming.
All of your responses had to focus on the misspelling on Health Insurance Portability and Accountability Act? Just wow, it's almost smartassby the way it's said.
They MENTIONED it; they didn't focus on it. And no one was "smartassby". This is something that all nurses and other healthcare workers should know, so it is appropriate for them to correct this.
It's probably not too late to press charges. I'd consider it if I were you.
To clarify, a prosecutor can chose to press charges without the victim's agreement, but it doesn't happen all that often since there isn't much point to it. The accused has a legal right to "face their accuser", which means the prosecutor would have to subpoena the victim, and the can be questioned by the defense and asked "did you feel the defended should be charged with a crime", if the victim testifies "no" then a conviction is unlikely.
Specializes in Med/Surg/Infection Control/Geriatrics.
In an emergency situation, if it directly impacts the care of the patient, HIPAA goes out the window. In this case, it wasn't just him, but the safety of the other patients in addition to you, that was at stake.
Example: I was both verbally and physically assaulted years ago by an alert and oriented male patient, who bullied me because after 6 verbal warnings about his smoking in the bathroom in the hospital, I politely told him I had no trouble contacting the Fire Marshall if he would like to have chat with him.
He trapped me in his bathroom and wouldn't let me out. I pulled the Emergency call light in there. He reset it. I pulled it again. This happened 3 times. It got the attention of the other staff. When he heard them coming, he shoved me out the door and into the hallway, continuing his verbal abuse.
He also threatened me. I called the Police. (I love Law Enforcement.)
The Police came, took my statement and spoke with the other staff including the Charge Nurse. We got his doc on the phone and the Charge told him in no uncertain terms that he "needed to have a chat with" his patient. The Charge gave the details to the Police regarding his demographics, which was good because the weasel ran AMA down the stair well with his saline lock still in. (I must confess I was concerned about that.)
The House R.N. Admin was annoyed that I didn't call her first. She wasn't my priority at the time, but I spoke with her later.
I was asked to come to the Police Station and give a statement. I did. The patient was picked up and arrested for assault.
There were no repercussions for me.
Your safety comes first. And your employer should back you up.
Specializes in Med/Surg/Infection Control/Geriatrics.
I would have pressed charges. I did press charges on a pt that spit in my face and hit me with his fist in my face. When we went to trial, he said he didn't remember the incident because he was so messed up. The judge said that was no excuse and sentenced him to 6 months in jail.
We can't tolerate abuse or threats. We as health care workers go to work to work not to be abused or threatened.
Leader25, ASN, BSN, RN
1,348 Posts
I dont think police reports are public records,...some have gotten in trouble for locating a persons address etc. by using their authority.