patient did not want to report abuse because of culture

by Dr. Katherine Kulas 6 min read

You suspect a patient is being abused. What should you do?

36 hours ago The primary steps in eliminating patient abuse are opening communication, providing education, establishing competency, eliminating tolerance of unacceptable behavior, and creating a code of mutual respect. A change in culture to one of mutual respect and dignity for staff members … >> Go To The Portal


What should a doctor do before reporting suspected violence or abuse?

Before reporting suspected violence or abuse, the Code says physicians should: Inform patients about requirements to report. Obtain the patient’s informed consent when reporting is not required by law.

Why do some care workers not know what constitutes abuse?

Some care workers may not know what constitutes abuse. Long-time employees may not realize that previously approved practices are no longer acceptable. Newer employees may not be properly trained, and therefore lack understanding of what neglect and abuse are.

Can a physician refuse to authorize a patient to report?

Exceptions can be made if a physician reasonably believes that a patient’s refusal to authorize reporting is coerced and therefore does not constitute a valid informed treatment decision. Physicians should also protect patient privacy when reporting by disclosing only the minimum necessary information.

Why don’t care workers report elder abuse and neglect?

One of the most obvious conundrums is that care workers, besides witnessing abuse and neglect, may also perpetrate it as hidden cameras planted by concerned family members have revealed time and again. Here are some of the reasons care workers don’t report elder neglect and abuse in LTCFs: Some care workers may not know what constitutes abuse.

What is the role of a nurse in patient abuse?

Patient Abuse in the Health Care Setting: The Nurse as Patient Advocate. Incidents of verbal and physical patient abuse in health care settings continue to occur, with some making headline news. Nurses have a professional and ethical responsibility to advocate for their patients when incidents of abuse occur.

Why do nurses have to be ethical?

Nurses have a professional and ethical responsibility to advocate for their patients when incidents of abuse occur. Tolerating or ignoring inappropriate behaviors occurs for multiple reasons, including ignorance, fear of retaliation, the need for peer acceptance, and concerns for personal advancement. Nurses need to reflect on their biases ...

Abstract

Patient neglect is an issue of increasing public concern in Europe and North America, yet remains poorly understood. This is the first systematic review on the nature, frequency and causes of patient neglect as distinct from patient safety topics such as medical error.

Background

Patient neglect, defined as “the failure of a designated care giver to meet the needs of a dependent” [ 1] (p.437), has become an issue of concern in both North America and Europe [ 2, 3 ]. In the UK, this has been driven by media outlets [ 4, 5 ], charities [ 6 ], and health regulators [ 7 ].

Method

This is the first literature review on the nature and causes of patient neglect. Accordingly no protocol exists to guide the review, so standard protocols for literature review were applied [ 28 ].

Results

Figure 1 reports the results of the literature review. Ten research articles were included, with data largely collected in Scandinavia, South Africa, and the US. The majority of articles used survey methods to measure staff, family, or patient observations of neglectful behaviours [ 32 - 39 ].

Discussion

There is growing public concern over patient neglect in healthcare institutions. To understand and explain what patient neglect is, and why it occurs, it has been necessary to draw on a range of psychology literatures.

Conclusions

In this article we developed a social psychology-based conceptual model to explain the occurrence and nature of patient neglect.

Acknowledgments

Professor Julian Bion for his helpful comments on an earlier version of this manuscript.

Why are nursing homes reluctant to report abuse?

The predominant reason why nursing homes can be reluctant to report abuse externally seems to be the fear-inducing nature of the safeguarding response. Interviewees explained how this response tends to presume guilt, and assume allegations of abuse are true before anything is proven.

What did owners and managers think about safeguarding?

Owners and managers thought these two characteristics of safeguarding responses deterred people from reporting incidents and were driving abuse further “underground”.

Is abuse always reported internally?

The outcomes of an empirical research study (Moore, 2017) indicate that abuse is far from being always reported, internally or externally, and that it is sometimes deliberately concealed from outsiders such as relatives and external agencies.

Is abuse in nursing homes always reported?

An empirical research study found that abuse in nursing homes is not always reported, and sometimes it is deliberately concealed. Nursing and care staff replying anonymously to a questionnaire revealed that they were often under pressure to keep quiet about abuse.

Why do physicians discuss cases with a knowledgeable colleague?

Physicians reported that discussing the case with a knowledgeable colleague helped them decide whether or not to report suspicious injuries. The clinician's past experiences with CPS. Clinicians who believed that CPS involvement would result in a negative outcome for the child or family were less likely to report.

How to report child abuse?

The level of suspicion required to report suspected abuse is not clearly defined. But, with the knowledge that physicians tend to underreport suspected abuse, the following recommendations are made to increase physicians' confidence in making appropriate reports: 1 Obtain continuing education regarding child maltreatment. Routinely seeking out local and national opportunities for continuing education related to child abuse and neglect can help you maintain a current understanding of child maltreatment. 2 Know reporting laws. Familiarizing yourself with the reporting laws and to whom reports should be made in your state (i.e., CPS or law enforcement) can lessen the ambiguity in the reporting process. 3 Consult with colleagues. Establishing collaborative relationships with colleagues to consult with regarding difficult cases can assist in the decision-making process. Physicians in private practice who do not have colleagues readily available may want to create a referral process with local agencies that have teams who make these decisions. 4 Know your local CPS staff. Forming relationships with your local CPS staff members can facilitate an open line of communication and establish a better sense of the guidelines used by the agency.

What is child abuse?

Physical abuse is any physical injury to a child that is not accidental and may involve, but is not limited to, hitting, slapping, beating, biting, burning, shaking, ...

What is emotional abuse?

Emotional and psychological abuse exposes a child frequently and repeatedly to behaviors that impact his or her psychological well-being, including blaming, threatening, yelling at, belittling, humiliating, name calling, pointing out faults, withholding emotional support and affection, and ignoring a child. In some cases, exposure ...

What is sexual abuse?

In sexual abuse, an adult or older child engages a child in sexual activities such as fondling, intercourse, oral-genital stimulation, sodomy, observing sexual acts, viewing adult genitals, and looking at, watching, or engaging in pornography.

Why is it so hard to document the number of children who are maltreated annually in the United States?

The number of children who are maltreated annually in the United States is difficult to document because: (1) definitions vary across tribal, state, and federal jurisdictions; (2) the standards and methods of collecting data vary considerably; and (3) many cases go unrecognized and unreported [5].

Is it the responsibility of a physician to determine if a child is being neglected?

Such instances present physicians with difficult decisions. It is not the physician's responsibility to determine the intent of the parent or caregiver, or whether abuse or neglect occurred.

What happens if you don't report abuse?

On the other hand, by not reporting the abuse, the psychologist may collude with the client in keeping her silence and in letting the abuser maintain power and control over her, which violates her autonomy and may not be in her best welfare.

How to protect others from harm?

To protect others from harm, the psychologist should explore whether the client is aware of any ongoing abuse, or danger of abuse. If the client lacks the answers to these questions, the potential harm from these relatively unknown risks must be weighed against the risks to the client if confidentiality is broken.

What are ethical concerns in psychology?

Three levels of ethical concerns should inform psychologists' decision-making: the aspirational level (ideal, moral principles), the professional level (standards set by a professional organization, e.g., APA) and the legal level (laws that mandate the standards of behavior that society will tolerate). When a conflict exists (e.g., the aspirational obligation to respect client's autonomy and the legal obligation to report abuse), psychologists face ethical dilemmas. Confidentiality is the bedrock of psychotherapy. If a psychologist breaks confidentiality, he or she violates the obligation to respect the client (the principles of justice and autonomy) and may cause harm (violating the principle of nonmaleficence). At the professional level, psychologists "have a primary obligation" to respect the confidentiality rights (Standard 5.01). At the legal level, privacy is a right guaranteed by the Fourth, Fifth and Fifteenth amendments of the U.S. Constitution and states have laws that mandate confidentiality.

What happens if a psychologist breaks confidentiality?

If a psychologist breaks confidentiality, he or she violates the obligation to respect the client (the principles of justice and autonomy) and may cause harm (viol ating the principle of nonmaleficence). At the professional level, psychologists "have a primary obligation" to respect the confidentiality rights (Standard 5.01).

What can a psychologist do to help a client?

If the client expresses fear for the safety of other potential victims, the psychologist can help the client evaluate her options. Taking steps to confront an alleged perpetrator by reporting to state authorities or notifying others will require disclosure of the client's status as a prior victim.

When a conflict exists, what is the ethical dilemma?

When a conflict exists (e.g., the aspirational obligation to respect client's autonomy and the legal obligation to report abuse), psychologists face ethical dilemmas. Confidentiality is the bedrock of psychotherapy.

Do psychologists have to respect client wishes?

The choice belongs to the client. In the final analysis, the psychologist must respect the client's wishes or risk committing yet another betrayal potential ly more devastating than the prior abuse .

What should a nurse do when treating a patient?

Nurses should provide a calm, comforting environment and approach the patient with care and concern. A complete head-to-toe examination should take place, looking for physical signs of abuse. A chaperone or witness should be present if possible as well.

What is the mandate of a nurse?

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. If a nurse suspects abuse or neglect, they should first report it ...

Do nurses have a responsibility to care for victims of abuse?

Employers are typically clear with outlining requirements for their workers, but nurses have a responsibility to know what to do in case they care for a victim of abuse.

Should a nurse report abuse?

The nurse should notify law enforcement as soon as possible, while the victim is still in the care area. However, this depends on the victim and type of abuse. Adults who are alert and oriented and capable of their decision-making can choose not to report on their own and opt to leave. Depending on the state, nurses may be required ...

Do nurses have to be able to connect victims of abuse?

While not required by law, nurses should also offer to connect victims of abuse to counseling services. Many times, victims fall into a cycle of abuse which is difficult to escape.

Why does Gretchen need to report abuse?

If Carly had younger siblings living with her father, for instance, she might need to report the abuse in order to protect the children. If Carly lived in a state that legally required social workers to report past abuse ...

Does Gretchen allow Carly to report abuse?

On balance, given the facts of the case as interpreted by Gretchen, she decides to permit Carly to decide whether or not to report the abuse. This course of action not only respects Carly’s rights to self-determination and privacy, but also affords Gretchen with the opportunity of continuing to work with Carly.

Why do whistleblowers not report abuse?

Those workers who understand and witness neglect and abuse may not report it for fear of being censured, vilified, blamed, shunned by their co-workers or even of losing their jobs.

Do care workers understand abuse?

On the other hand, many care workers clearly do understand what constitutes abuse and neglect. In a 2001 study, care workers identified twenty-five such practices. Normalization might be restated thus: “If everyone else does it, it must be okay,” and if something is “okay” there’s no need to report it.

Is overmedicating dementia a form of abuse?

In particular, workers may not know that, for example, speaking down to people who live with dementia, overmedicating them instead of meeting unmet needs, not providing them appropriate stimulation and activities, and other common practices are in fact considered abuse.

Do elder abusers report abuse?

Just as pedophiles enter the priesthood and other professions that make it easy to access victims while avoiding detection, elder abusers don’t want to report abuse, they want to continue abusing. That leaves it up to the rest of us to find out who the abusers are and to stop them.

What happens if a therapist fails to take reasonable steps to protect the intended victim from harm?

“If a therapist fails to take reasonable steps to protect the intended victim from harm, he or she may be liable to the intended victim or his family if the patient acts on the threat ,” Reischer said.

Should clients withhold anything from their therapist?

“Clients should not withhold anything from their therapist, because the therapist is only obligated to report situations in which they feel that another individual, whether it be the client or someone else, is at risk,” said Sophia Reed, a nationally certified counselor and transformation coach.

Can a therapist report a patient's intent to harm someone else?

A therapist may be forced to report information disclosed by the patient if a patient reveals their intent to harm someone else. However, this is not as simple as a patient saying simply they “would like to kill someone,” according to Jessica Nicolosi, a clinical psychologist in Rockland County, New York. There has to be intent plus a specific identifiable party who may be threatened.

Do therapists have to disclose information in court?

For instance, Reed noted that even if a wife is cheating on her husband and they are going through a divorce, the therapist has no legal obligation whatsoever to disclose that information in court. The last thing a therapist wants to do is defy their patient’s trust.

Do you have to report child abuse to a therapist?

“If a client experienced child abuse but is now 18 years of age then the therapist is not required to make a child abuse report, unless the abuser is currently abusing other minors,” Mayo said.

Introduction

Evidence from The Literature

  • What little is known about the prevalence of abuse in nursing homes derives largely from research undertaken outside of the UK; it suggests that such abuse is a common occurrence (Cambridge et al, 2011; Joint Committee on Human Rights, 2007; Goergen, 2004; Saveman et al, 1999; Pillemer and Hudson, 1993; Pillemer and Moore, 1989). A meta-analysis of prevalence studies in both do…
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Study Methods

  • Between 2011 and 2015, I conducted semi-structured face-to-face interviews in 12 private nursing homes in four local authority areas in England, with: 1. 12 owners, two of whom had previously been registered nurses; 2. 12 nursing home managers, 10 of whom were registered nurses; 3. 12 nursing or care staff. In parallel, questionnaires were given to 207 newly appointed nursing and …
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Interview Results

  • Reporting of abuse
    The nurses and care staff interviewed were aware that abuse was sometimes not reported to the appropriate people, whether internally or externally: “In nursing homes you only see a piece of what is going on and lots goes on behind closed doors that is never reported – you know, in bed…
  • Safeguarding responses
    Participants from all three groups said that safeguarding responses from local authorities were “negative”, ‘intimidating” and “awful”, and that they generated “fear” or even “terror” among those required to attend multi-agency safeguarding meetings. Owners, managers and care staff also b…
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Questionnaire Results

  • Among the 156 nursing and care staff who returned the anonymous questionnaire, 109 had witnessed abuse (Moore, 2017). Table 1 shows data regarding whether the witnessed abuse was reported internally, whether action was subsequently taken, and whether external agencies were involved in investigating the abuse. One of the most telling results is that 45.9% of the 109 respo…
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Discussion

  • This research confirms that figures on the extent of abuse in nursing homes in the literature, which are already sparse and unreliable, are likely to be underestimates because of under-reporting and concealment. It also confirms a significant fear of reporting abuse, expressed by all respondents and occurring at two levels: 1. At the interface between staff and their peers, mana…
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Addressing The Problem

  • The current safeguarding regulations, including whistleblowing policies, are failing to protect nursing home residents who experience abuse, as it is either not reported, or reported internally but ignored or stifled. Under-reporting must be tackled at all levels, including through revisiting the nature of the safe-guarding response, and remodelling the value frameworks of staff who witnes…
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