can a nurse file report against a patient who sexually harassed her

by Ethelyn Ebert III 9 min read

Sexual Harassment by Patients: What Every Nurse Needs …

34 hours ago  · Harassment is Prevalent. A Medscape.com survey published last year revealed that the majority of nurses—71%—say that they had been sexually harassed by a patient. Of those responding, 90% were female nurses, 10% male. But male nurses get harassed as well. They may, however, be even less inclined to report it. >> Go To The Portal


The professor found that female physical therapists have over twice the chance of being subject to inappropriate sexual behavior from their patients than their male counterparts. The American Nurses Association’s director of work environment says that nurses must recognize and report on-the-job harassment from patients.

This confrontation can be very stressful for the nurse, but ideally stops the unacceptable behaviors. Nurses should report the harassment to their supervisors, HR or Compliance. Most organizations are required to establish a Compliance Hotline to report concerns such as sexual harassment.

Full Answer

Are there laws to protect nurses from sexual harassment by patients?

State and Federal laws designed to guard nurses against sexual harassment by patients do work. Many patients do stop before the nurse calls a lawyer. But, more must be done. To stop harassment by a patient, a nurse needs to:

What to do if a nurse is being harassed by a patient?

Harassment from patients can be offensive jokes, sexual comments, or inappropriate touching. State and Federal laws designed to guard nurses against sexual harassment by patients do work. Many patients do stop before the nurse calls a lawyer. But, more must be done. To stop harassment by a patient, a nurse needs to: Set boundaries.

What to do if a patient sexually harasses a healthcare worker?

NOTE: If a patient sexually harasses a healthcare worker, the employee should deal with the matter directly by clearly stating, “Your behavior is inappropriate and unacceptable.” The nurse should document every incident of sexual harassment, including the date, time, description, and witnesses.

How do you identify and address sexual harassment in nursing?

Identifying and addressing sexual harassment in nursing is one of the most challenging tasks of nursing leadership and organization management. Promoting values and standards that shape behaviors, decisions, and relationships is key to instilling an ethics driven organizational culture and providing a safe environment.

What to do if a patient is sexually harassing you?

If a patient's behavior…is making you uncomfortable or causing you to feel unsafe, leave the situation immediately. Your personal safety and well-being are the most important. Federal laws on sexual harassment apply regardless of whether the harassment is taking place at a hospital or a doctor's office.”

How do you document inappropriate patient behavior?

In the patient's medical record, document exactly what you saw and heard. Start with the date and time the incident occurred, the location, and who was present. Describe the patient's violent behavior and record exactly what you and the patient said in quotes.

What happens if a nurse abuses a patient?

As mandated, they are trained to identify signs and symptoms of abuse or neglect and are required by law to report their findings. Failure to do so may result in discipline by the board of nursing, discipline by their employer, and possible legal action taken against them.

Can a patient sexually harass a nurse?

Sexual harassment of nurses can be as simple as a patient's unwanted flirtatious winks or as elaborate as a male hospital physician's systematic assaults on female employees. And nurses are likely to encounter this occupational hazard.

What should you not document in a patient's chart?

7 Common Pitfalls to Avoid in Charting Patient InformationFailing to record pertinent health or drug information. ... Failing to document prior treatment events. ... Failing to record that medications have been administered. ... Recording on the wrong patient's chart. ... Failing to document discontinuation of a medication.More items...

What do you say to an inappropriate patient?

Explicitly state that the patient's request is inappropriate. For example, it might be poor medical care, illegal, dishonest, or against policy. Couple this statement with a brief explanation but avoid lengthy explanations, which often create room for debate.

What is the nurse's role in reporting the suspected abuse?

For nurses being a mandated reporter means that it is a nurse's responsibility to report any suspicions of child or adult abuse or neglect. If the story just doesn't fit, the nurse needs to be suspicious. If the child or adult suggest they have been abused, the nurse needs to report.

What is considered patient abuse?

Patient abuse or neglect is any action or failure to act which causes unreasonable suffering, misery or harm to the patient. Elder abuse is classified as patient abuse of those older that 60 and forms a large proportion of patient abuse. Abuse includes physically striking or sexually assaulting a patient.

What types of abuse are nurses mandated to report ATI?

Mandated reporting means timely making an official report to the authorities when a nurse suspects maltreatment, abuse is concurrently happening, a patient confides to the nurse that they are being abused, or the nurse witnesses an event or behavior that is suspicious of physical, mental, financial abuse, or ...

How often do you have to provide sexual harassment training?

Organizations with over 50 employees are required to provide sexual harassment training to hiring supervisors or managers every 2 years. The Human Resources (HR) department at most facilities will typically provide the training, and also act as a consultant if there is a sexual harassment complaint.

What is sexual harassment?

Sexual harassment is defined several ways: Visual conduct: Displays of sexually suggestive pictures, ogling, or making sexual gestures.

What can a nurse do with a patient?

With patients, the nurse can change assignments, set clear boundaries and inform the patient that the comments or touches are unwanted. This can be very challenging if the patient is mentally ill, in which case a social worker or behaviorist may need to be involved.

What is the meaning of "trap" in nursing?

A nurse using his or her body to "trap" a co-worker at the medication station. A technician describing in detail the sexual escapade they had the night before in a group of colleagues. The engineer who wraps his arm around a manager and suggests that if she were "nicer" to him, her departments would get new equipment.

Can nursing leaders be held liable for harassment?

Leaders, as well as the perpetrators themselves, can be held liable when there is a cavalier attitude regarding harassing behaviors in the workplace. Nursing leaders have an obligation to provide a harassment-free work environment and it is the responsibility of the leadership team to stop hara ssing behavior s.

Should HR be notified of a complaint?

Local authorities may also need to be notified, depending on the severity of the situation. HR must be consulted in a timely manner and executive leadership should be notified of the complaint and investigation timeline. Many organizations choose to have a third-party investigator oversee everything.

Is sexual harassment common in healthcare?

A culture of sexual harassment is all too common in the world of healthcare. Even when concerns are raised by newcomers, the answer of "Oh that's just how we joke here" or "Joe doesn't mean anything by it, that's just Joe" is dismissive to the unlawful behaviors that are embedded into the department.

Why are nurses vulnerable to sexual harassment?

Therefore, when there is a threat of sexual harassment due to inequalities, discriminatory practices, and significant power imbalances in nursing, nurses are susceptible to sexual harassment and unable to protect their own interests, dignity, integrity, or rights.

Where is sexual harassment documented?

Sexual harassment is documented in blogs, news, academic papers, and even social gatherings. Instances occur every day in settings at every level across the globe – business, education, hospitality, military, entertainment, medicine, government, and religious communities.

Why does harassment go unreported?

Harassment can go unreported due to a nurse’s personal or professional conflict and moral distress associated with reporting, including fear of retaliation, termination, disclosure of sexual history, and public shaming. To be vulnerable is to be easily hurt, influenced, or attacked ( ten Have, 2016 ).

What is the most challenging task in nursing?

Identifying and addressing sexual harassment in nursing is one of the most challenging tasks of nursing leadership and organization management. Promoting values and standards that shape behaviors, decisions, and relationships is key to instilling an ethics driven organizational culture and providing a safe environment.

What are the consequences of sexual harassment?

This can be in the form of damaged reputations; a decline in financial performance including revenues, earnings, donations, and stock prices; and civil lawsuits, criminal charges, and legal costs.

What is the onus of harassment?

The onus is on the employee being harassed to always notify the employer... It is important to remember that the employer cannot be held responsible for behavior of which the employer is not aware. The onus is on the employee being harassed to always notify the employer (unless there is a reason to fear for personal safety). If the employer takes the appropriate action (e.g., reprimanding the harasser), the employer has acted with reasonable care. If the person continues to harass, the victim must report every incident of additional harassment. If the victim fails to do this, the employer may not be held accountable.

What is the ethical obligation of a nurse?

Organizations that employ nurses, as well as the nursing profession itself, have an ethical obligation to address sexual harassment. Organizations that employ nurses, as well as the nursing profession itself, have an ethical obligation to address sexual harassment. The Code of Ethics for Nurses with Interpretive Statements obligates nurses to create “an ethical environment and culture of civility and kindness, treating colleagues, coworkers, employees, students, and others with dignity and respect” ( ANA, 2015, p. 4). It is morally unacceptable for nurses to disregard the effects of individual actions on others, including bullying, harassment, intimidation, manipulation, threats, or violence ( ANA, 2015 ).

How to stop harassment by a patient?

To stop harassment by a patient, a nurse needs to: Set boundaries. If a patient begins an innocent joke that quickly escalates to sexual commentary, the patient needs to be put on notice that this type of language is inappropriate and unappreciated; Report all harassment including improper language to the supervisor.

Why was a nurse locked in a closet?

In Arkansas, a patient pushed a nurse down a flight of stairs, and a nurse in Louisiana was locked in a dark closet by a doctor because she wouldn’t respond to his advances. Cases of sexual abuse and physical abuse have been reported in North Dakota, Pennsylvania, and New York.

Why do nurses leave the medical field?

Those who face sexual harassment at work, and especially in medical situations, feel violated, frustrated, and damaging emotions. Many nurses leave the medical field hoping they can find satisfaction in other types of employment. With the nursing shortage in America today, this is an unfortunate commentary.

How much did Janet Bianco get for sexual harassment?

For example, in 2009, Janet Bianco, a nurse who worked at Flushing Hospital in New York, received $15 million after suing Dr. Matthew Miller for sexual harassment. In 2001, Dr. Miller violently attacked Ms. Bianco two different times. The nurse complained to her supervisor, but nothing happened.

Do nurses wear their hair?

Nurses everywhere admit to taking many safety precautions to prevent attacks. They wear their hair differently, park in different places, and avoid dark sides of hospitals and clinics. Some nurses in inner city hospitals leave work in groups so no one must walk to their car alone.

Do nurses get kicked?

Nurses have admitted to being kicked, spat on, verbally abused, sexually abused, and punched by patients. A Canadian study that begun and finished in 2014 stated that nurses had reported more violent events in their workplace than what corrections or police officers experience.

Is a nurse a victim of harassment?

Belinda Heimericks, Executive Director of the Missouri Nurses Association, claims that if you ask any nurse if about harassment, the majority will answer, "yes, am a victim. “Nearly every nurse will run into it at some time in their career.”.

What should nurses know about sexual harassment?

All nurses should know the definition of sexual harassment and organization policies and procedures. Learn all you can about harassment, particularly some effective ways to speak assertively when faced with harassing behavior. Speak up when you see or hear inappropriate behavior.

How many nurses have been harassed?

Surveys from the last ten years have shown a significant increase in the number of nurses, both female and male, reporting sexual harassment. A literature review indicates that at least half to as many as two-thirds of all nurses have been harassed by patients, visitors, supervisors, co-workers, or physicians at some point in their careers.

What is sexual harassment?

Equal Employment Opportunity Commission (EEOC) defines sexual harassment as “unwelcome sexual advances, requests for sexual favors, and other verbal or physical harassment of a sexual nature.”.

Can employers be held liable for sexual harassment?

Employers who know about harassing behavior and who do not effectively address it can be held vicariously liable for misconduct, including that by patients and physicians. Ignoring sexual harassment and any other type of inappropriate behavior doesn’t fix the problem. It only emboldens the perpetrator.

Is sexual harassment part of your job description?

No matter where you work, remember that sexual harassment is not part of your job description. Employers, as long as they are informed about misbehavior, have a duty to investigate and remediate. They cannot fix what they do not know about however so make sure the appropriate leaders know what is occurring.

Should every medical facility have a policy on sexual harassment?

Every medical facility should have an official policy addressing sexual harassment. The Joint Commission has mandated that each facility have a code of conduct that includes sexual harassment, and that applies to all staff members and physicians. Private medical practices affiliated with a medical center or practice management group should also ...

Does it matter if a harasser says "but that's not what I meant"?

It does not matter that the harasser says, “but that’s not what I meant.”. If the person subjected to the behavior – or others in the area who see or hear the behavior – finds it inappropriate or unwelcome, there are grounds for complaint and discipline.

How to deal with an assault on a nurse?

2. Take action after an assault. If you have been assaulted, remove yourself to a safe area and ask a co-worker to stand in for you.

Why are nurses not violent?

Studies have shown that many incidents of violence against nurses are not reported. One of the reasons might be that nurses accept violent behavior as part of the patient’s problem “He couldn’t help it,” “She was drunk”.

What hospital did a nurse gouge out her eye?

“Police say a patient nearly tore off a nurse ’s ear and attempted to gouge out her eye at Pembroke Hospital ove r the weekend.”#N#– Patriot Ledger. March 7, 2016 (USA)

How to report an assault to the police?

Report the assault to your supervisor as well as to your union. This can initially be done verbally, but you should follow up with written reports. Exercise your civil right of reporting the incident to the police.

Should organizations have policies and other measures to deal with acts of violence?

All organizations should have an adequate policy and other measures in place to deal with acts of violence. Unfortunately, based solely on statistics of incidences rather than the real and hidden costs, many organizations do not view this as a priority.

Is there a hotline for nurses?

The British Columbia Nurses Union in Canada has launched a hotline for nurses assaulted on the job. According to the President of the Union, nurses have a higher rate of work-related assault than police officers.