report assault of a patient

by Jacinthe Fahey 3 min read

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

14 hours ago Board of Registration in Nursing: Duty to Report Abuse. All nurses who directly observe another nurse engaged in the abuse of a patient must report that nurse to the Board as stated in 244 CMR 9.03 (26) (a). Board regulations define abuse as any impermissible or unjustifiable contact or communication with a patient which in any way harms or intimidates, or is likely to harm or … >> Go To The Portal


If a patient, family member, or caregiver observes patient abuse in any context, it’s crucial to contact the authorities right away. There are a few ways to report suspected or known patient abuse. The first method is to contact the New York State Protective Services for Adults at 1-800-342-3009 and report the details of the suspected abuse.

Full Answer

How do you report an assault?

How to Report an Assault. Before you do anything, make sure you are in a safe place and have protection in the event the person who assaulted you comes after you again. Once you're safe, you should immediately turn your focus to reporting the assault to the proper authorities so the person won't bother you again.

How do I report a patient abuse incident?

Photographs, videos, and any other evidence of the abuse are all valuable when reporting a patient abuse incident. Mandated reporters (and other reporters of abuse) remain anonymous, so the more information you can provide, the better. When a patient abuse case is reported, the case goes through 4 stages.

What information will I be asked to provide after an assault?

Some of the information you will likely be asked to provide includes your name and contact information, the name and contact information (if known) of the person who assaulted you, and the date, time, and location of the assault. The officer also will want to know exactly what happened in as much detail as you can remember.

What to do if a nurse is assaulted at work?

Patient Assaults on Nurses: 5 Things Nurses Should Do 1 Never accept violence as part of the job. 2 Take action after an assault. If you have been assaulted, remove yourself to a safe area... 3 Support co-workers who have been assaulted. 4 Advocate for adequate organizational policy. 5 Join nursing groups advocating for legislation. Because...

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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 do you do if a patient abuses you?

Responding to Abusive Patient BehaviorRespect Personal Space. ... Be Aware of Your Own Body Position. ... Be Empathic to Others' Feelings. ... Keep Nonverbal Cues Nonthreatening. ... Ignore Challenging Questions. ... Set & Enforce Reasonable Limits. ... Allow Verbal Venting When Possible. ... Identify the Real Reason for the Behavior.More items...•

What constitutes as patient abuse?

Patient abuse means the willful infliction of physical or mental injury of a patient or unreasonable confinement, intimidation, or punishment that results in pain, physical or mental harm, or mental anguish of a patient.

What are some basic rules for nurses to follow when assessing for violence?

Explanation: Nurses assessing for violence should perform assessment and screening only when the client is alone in a safe, private environment. The nurse needs to establish rapport and connection by showing interest in the client and by listening. The nurse also needs to demonstrate compassion, not judgment.

How do you deal with a violent patient?

Dealing with an aggressive patient takes care, judgement and self-control.Remain calm, listen to what they are saying, ask open-ended questions.Reassure them and acknowledge their grievances.Provide them with an opportunity to explain what has angered them. ... Maintain eye contact, but not prolonged.More items...•

How do you document aggressive behavior?

Chart Smart: Documenting a patient's violent behavior....Some examples are:Pacing.Clenching fists or jaw.Reddening of the face.Trembling of face or body.Stiffening of body.Sudden movements.Changes in vocalizations such as voice becoming louder or faster.Approaching or touching the writer or other staff.

How are healthcare professionals punished for patient abuse?

Patient abuse by a healthcare professional is a breach of medical ethics. How are the offenders punished? The offenders face jail time and fines. Patient abuse and assault are not only a breach of medical ethics, but they are also crimes.

What are the different types of patient abuse?

The most common types of patient abuse include:Physical abuse.Psychological abuse.Sexual abuse.Financial abuse.Neglect.

What is considered abuse by a nurse?

Nursing home abuse occurs when caretakers harm residents of long-term care facilities. Both intentional and unintentional harm may be considered abuse. It can result in trauma, medical emergencies, and even death.

What happens if a nurse hits a patient?

A nurse will be liable for malpractice if he or she injures a patient with a piece of medical equipment. This can happen in a variety of ways, like knocking something heavy onto the patient, burning the patient, or leaving a sponge inside the patient after surgery.

How do you assess a patient for abuse?

Assess the patient's general appearance, posture, and mental status. Is she clean and appropriately dressed? Does she appear withdrawn, anxious, depressed, cognitively impaired, or delirious? Poor eye contact with her caregiver and reluctance to return to her living situation are also signs of abuse.

What should the nurse do if a client says they are being abused by another patient quizlet?

When a nurse suspects that a client may have been abused, the first action should be to: Ask the client about the injuries and if they are related to abuse. Encourage the client to leave the batterer immediately. Set up an appointment with a domestic violence counselor.

How to record an assault?

1. Gather information and witnesses. Write down an account of everything that happened as soon as practical after the assault. Make a record of the entire event, including the circumstances surrounding it or leading up to it, as soon as possible after it happened so the events are as fresh as possible in your mind.

What to do if you have been assaulted?

Once you're safe, you should immediately turn your focus ...

Can the DA charge you for assault?

The DA has discretion on whether or not to charge your assailant with a crime, and will only press charges if she believes there is enough evidence to convince a judge or jury beyond a reasonable doubt that the person assaulted you. Review the elements of assault under state law.

Can you file charges against someone who assaulted you?

The crime of assault has a statute of limitations, which provides a deadline for filing charges. After the deadline has passed, the state can't charge the person who assaulted you with a crime.

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)

What is workplace violence?

The National Institute for Occupational Safety and Health (NIOSH) defines workplace violence as any physical assault, threatening behavior or verbal abuse occurring in the workplace. Violence includes open as well as hidden aggression and ranges from verbal abuse to homicide.

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.

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.

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.

Who is Frieda Paton?

Frieda Paton is a registered nurse with a Master’s degree in nursing education. Her passion for nursing education, nursing issues and advocacy for the profession were ignited while she worked as an education officer, and later editor, at a national nurses’ association.

What are the laws in Massachusetts regarding nursing?

Massachusetts General Law, Chapter 111, Section 72G requires that nurses who have reasonable cause to suspect patient or resident abuse, neglect, mistreatment, and/or misappropriation of their property must report the situation. As stated in 105 CMR 155.003, abuse includes: 1 Willful infliction of injury 2 Unreasonable confinement 3 Intimidation or punishment resulting physical harm, pain, or mental anguish, or assault and battery 4 Verbal or mental abuse with a knowing and willful act directed at a specific patient or resident

What is the law on nursing home abuse?

Massachusetts General Law, Chapter 111, Section 72G requires that nurses who have reasonable cause to suspect patient or resident abuse, neglect, mistreatment, and/or misappropriation of their property must report the situation.

What is the law in Massachusetts for child abuse?

Massachusetts General Law, Chapter 119, Section 51A requires that nurses who have reasonable cause to believe that a child is suffering physical or emotional injury resulting from: Abuse inflicted which causes harm or substantial risk of harm to the child’s health or welfare, including sexual abuse.

What is mandatory nursing reporting?

Several Massachusetts laws and regulations have specific requirements for nurses to report suspected patient abuse, child abuse, elder abuse, and abuse of a disabled person to their respective divisions in State Government. Skip table of contents.

What is abuse in CMR?

Board regulations define abuse as any impermissible or unjustifiable contact or communication with a patient which in any way harms or intimidates, or is likely to harm or intimidate, a patient. Abuse may be verbal or non-verbal, and may cause physical, sexual, mental, or emotional harm as stated in 244 CMR 9.02.

What is the fine for DPH?

DPH will report to the Attorney General and the appropriate registration board. Punishment for failing to make a required oral or written report of suspected abuse is a fine of up to $1,000 and disciplinary action by the board.

What age can you report abuse of a disabled person?

Abuse of persons with disabilities includes acts of physical, sexual, emotional, verbal abuse, and omission by a caregiver of a person with a physical disability between the ages of 18 - 59. Abuse of persons with disabilities under age 18 must be reported as child abuse and if older than 59 as elder abuse (see above).

What are the most common types of elder abuse?

This type of abuse includes shoving, hitting, or the inappropriate use of chemical or physical restraints.

How do you know if you are being abused by an elderly patient?

What are signs of patient abuse? One of the hallmark signs of elder abuse is a sudden change in an elderly patient’s physical, mental, or financial well-being. Often the change is strange and inexplicable, but the specific signs that indicate an elder might be experiencing abuse tend to vary from victim-to-victim.

Why is it important to develop rapport with patients?

As a caregiver, it’s important to develop rapport with patients so that they feel comfortable disclosing information to you about things like abuse. As a caregiver, you should know the most common types of abuse that commonly occur and be able to recognize signs that an elder is being abused.

How does a caretaker build trust?

When a caretaker mimics the body language of a patient (such as when the patient crosses their legs, the caretaker does the same), this automatically builds a connection and trust between the caretaker and patient. Matching the pitch, tempo, and tone of voice as the patient can also build trust.

Why don't elderly people report abuse?

Here are some of the main reasons why elderly patients might not report their abuse to someone trustworthy who can help: ● Embarrassment - Some forms of abuse (such as sexual abuse) come along with shame on the part of the victim, and reporting the abuse may be uncomfortable.

What are the forms of emotional abuse?

But treatment that includes humiliation, ridicule, blaming, or scapegoating are all forms of emotional abuse. Abusers will use emotional tactics such as intimidation, threats, or yelling to control the elder or they may ignore the elderly patient completely or isolate him or her from their friends or family.

What is intentional withholding of basic necessities?

The intentional withholding of basic necessities is an important form of abuse that may be more difficult to identify. Elders who are dependent on caregivers or other individuals to provide them with food, water, and medical care may be more susceptible to abuse than older individuals who are not dependent on others.

Why do people file assault charges?

When an assault happens, some people are afraid to file charges on their assailants for fear of retribution. However, when filing assault charges, people may also seek to obtain orders of protection from the court as well, which are, essentially, r estraining orders that if violated will result in the arrest of the assailant. Such orders require that the assailant not come within so many feet of the victim or any location where the victim is believed to be.

What is the difference between assault and battery?

By definition, an assault occurs when one person commits actions that put another person in a situation where he or she can reasonably fear that he or she will be physically harmed. Battery, on the other hand, is when the aggressor physically harms someone. Both assault and battery can be classified as civil or criminal.

What is assault charge?

Types of Assault Charges. When it comes to pressing charges, many people will use the term assault to describe what happens when an aggressor harms a victim. However, there are many different terms that are used when describing these crimes. A lot of times you will hear the terms “assault” and “battery” used interchangeably.

What is simple assault?

Simple Assault – This is an attempted battery or threat. The aggressor must have the intention of hurting the victim, regardless of whether they do or not. To be considered simple assault, it must be reasonable for the victim to believe that the aggressor was going to harm them. There also must be some sort of harm involved, ...

What is the punishment for assault and battery?

Both assault and battery are criminal acts and are punishable by court. The most common punishments for assault and battery are jail time and fines.

What is the importance of knowing the terms and consequences of assault?

Whether you are the victim of an assault, or you’ve found yourself being the aggressor (or assailant) in a physical altercation, knowing the terms and consequences is important so you can properly protect yourself. Let’s dive into the types of assault charges you can file.

What is the purpose of the crime victim compensation?

This is known as the Crime Victim Compensation, which is intended to help with expenses accrued from medical bills, therapy, lost income, and funerals.

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 ...

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.

Where is Amanda Bucceri?

Amanda Bucceri Androus is a Registered Nurse from Sacramento, California. She graduated from California State University, Sacramento in 2000 with a bachelor's degree in nursing. She began her career working night shifts on a pediatric/ med-surg unit for six years, later transferring to a telemetry unit where she worked for four more years. She currently works as a charge nurse in a busy outpatient primary care department. In her spare time she likes to read, travel, write, and spend time with her husband and two children.

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.

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 ...

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.

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.

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.

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.

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