Workplace violence

Just wondering what type of policies your facilities have in place related to staff assaults by patients. I don't mean assaults that take place in a psychotic state, but intentional acts of violence that leads to staff injuries. Any information would help. Thanks.

Generally staff are encouraged to file charges with the police. At the same time steps are taken to prevent any future attacks by the same person. In extream cases the client is discharged to another facility.

I was punched two weeks ago in the jaw by a 14 year old. She was not psychotic, just mad that she was put on room restriction.

I had to get my jaw XRayed (nothing broken but a loose tooth) and what really made me mad was...

the cop refused to press charges against her because she is 'in a mental unit' as they put it.

Let me add, this patient has attacked other staff NUMEROUS times. And she gets away with it because the cops won't press charges!

In extream cases the client is discharged to another facility.

I echo this if your facility is unable to contain the behavior. If staff is getting hurt, there is something wrong in policy, procedure, training, or in supervision. This sounds like a system problem at your facility.

I am so sorry that you got hurt. I'm happy to hear that nothing was broken.

Hugs, my friend.

the cop refused to press charges against her because she is 'in a mental unit' as they put it.

HUH!? Since when are cops allowed to refuse to press charges? That's your decision, not theirs.

You have made several posts about this incident, so it's obviously very important to you. That being the case, get on the phone with Police dispatch and have them send the supervisor of the officer that you dealt with. Explain that you are serious about filing charges. You are entitled to equal protection of the law and it is law enforcement's duty to make sure that happens.

Assuming that:

A. You have related the incident accurately, and

B. I have read it correctly, and

C. The incident occurred in the State of Florida, then...

This is a violation of Fl Statute 784.076, which is a felony of the 3rd degree. Do a Google search on Fl statutes and read it yourself.

Good Luck.

The police may be reluctant to put any effort into the investigation of assaults within a mental institution because they in general will not lead to convictions. Mental facilities are generally held to be "sanctuaries" by courts. However, as has been stated, that is a court decision, up to the judge, not the police officer.

A file full of complaints against a particular patient becomes the justification for sending then to more secure, state operated, facilities, ie: the state hospital or Juvenile corrections.

Although the administration at my facility doesn't actually block the arrest path, they will not support it if they don't feel it is appropriate to the particular patient.

the bigger issue is that there are several judges who will not do anything beyond "eating time of staff and Safety/security" by having them sit in the court house before returning them to the facility. "They are already in a locked facility, why send them to jail?" (or very similar dialogs). The end result is that the assaulter (and peer patients) learn that they can attack (and injury) staff (and peers) without fear of consequences.

:penguin:

A side issue is that we recieve a number of "new" patients from the correctional system, and they know the criminal system even better, and prey on the weaker/sicker patients, and since the court system doesn't help us.... we have greater issues of danger.

:gandalf:

Generally the patient is reported to the police but as most of the patients in my unit are detained for long periods ( average stay 2-3 years) the cases don't go ahead. In one recent case proceedings are going ahead but then the patient assaulted several staff over a week. This is a secure facillity however & the situation is different in non psychiatric settings. The NHS in the UK is supposed to have a zero tolerence attitude towards violence against staff

I have patients who have been on the "structured" unit (secure type) for longer than three years, due to their unprdictable or frequent violent events, or if they are unmamageable in the "general geographic units". Our facility is "organized by geographic origin" (where they live vs. diagnosis). Again the local DA (ADA sometimes) refuses to follow up, and several judges also don't believe that if we have locked doors, why put them into the DOC. About two years ago, one of the unit managers was attacked, by a former DOC patient, and had his leg/knee broken, it was intentional done. it still took three weeks for the DA to actually see that this should have been taken by them.

I do believe that the criminal justice system should be used when it is clear that the patient has commited a criminal assault!

I am not being paid to be beaten up, nor are my staff!

HUH!? Since when are cops allowed to refuse to press charges? That's your decision, not theirs.

You have made several posts about this incident, so it's obviously very important to you. That being the case, get on the phone with Police dispatch and have them send the supervisor of the officer that you dealt with. Explain that you are serious about filing charges. You are entitled to equal protection of the law and it is law enforcement's duty to make sure that happens.

Assuming that:

A. You have related the incident accurately, and

B. I have read it correctly, and

C. The incident occurred in the State of Florida, then...

This is a violation of Fl Statute 784.076, which is a felony of the 3rd degree. Do a Google search on Fl statutes and read it yourself.

Good Luck.

THANK YOU very much. Yes, the incident rattled me. Some of us nurses on the unit have gotten together because our unit is NOT safe. NOT NOT NOT. We are all strained from it. Another recent occurence was that a patient managed to smuggle an 18 inch knife onto the floor. Contraband searches are not being done properly and admin is not giving us proper staffing. For example, we had two 1:1 patients, and they stick a tech in the middle of the hallway to watch both of them. They are one on one for a reason!

Thank you so much for doing this law research. I can tell you, if I get hit again, and the cops will not press charges, I will call their shift supervisor.

Thanks again.

It isn't correct to say the cops won't press charges. It is the DA who decides whether to file charges against someone, not the cops. I think you mean the police won't make an arrest or write up a report. Most police HAVE to take a report if you ask them to. Tell them you want them to write up an incident report if they refuse.

It isn't correct to say the cops won't press charges. It is the DA who decides whether to file charges against someone, not the cops. I think you mean the police won't make an arrest or write up a report. Most police HAVE to take a report if you ask them to. Tell them you want them to write up an incident report if they refuse.

Yes you are correct. They would not make a report. (They couldn't arrest her until she would be discharged).

In NY, the patient CAN be arrested while in a state or private psych treatment facility. the issue comes back to will the DA follow thru with filing charges, & will the judge go forward with the case.

We have had mix responces.

most recently one of the MHTA (tech or aide) was bitten during a violent event, the wound was about 2" x 1.5" on his forearm, (he is diabetic to add to the possible complications!), he missed a day of work to be seen by his own PCP or PMD. the upper admin agreed to have the pt arrested, our own peace officers (NYSCOBA- Council 82) processed the pt, and within an hour and a half, the judge actually yelled at the hospital rep for "waisted time of the court" and he dismissed the charges. The pt returned knowing that he could not be charged again and telling the staff "see you can't make me do anything & i can do what i want!" So for now treatment or attempts to do any interventions are kind of gone.

But in another case about two years ago, a former corrections resident attacked, knocked down and broke the knee of one of the Treatment team leaders. TTL was out for six months, had to have orthopedic surg and rehab, that pt was arrested, and sent back to Dept of Corrections. so i guess it depends on who the DA is, who the judge is and how baddly you are injured!:wakeneo: