we cannot force a patient or anyone to report abuse,

by Modesta Kessler 10 min read

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

22 hours ago  · Stand at an angle to the person and off to the side because this is much less likely to escalate an agitated person's behavior. In CPI training, we call this the Supportive Stance℠, and it helps you ease the person’s anxiety. 3. Be Empathic to Others' Feelings. Try not to judge or … >> 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.

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.

Do therapists have to report child abuse?

“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 be forced to report a patient who threatens someone?

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.

What should you do if you witness abuse or neglect of a patient?

Discuss any suspicion of abuse sensitively with the patient, whether or not reporting is legally mandated, and direct the patient to appropriate community resources. Report suspected violence and abuse in keeping with applicable requirements.

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 are healthcare professionals responsibilities regarding reporting abuse?

1) When are health care providers required to report? Health care providers are required to make a report if they provide medical services to a patient whom they suspect is suffering from a physical injury due to a firearm or assaultive or abusive conduct.

How do you ask a patient if they are being abused?

How to AskDifferent patients may respond better to different approaches.Make sure to ask in a private environment and do not use family or friends as interpreters.See ethics and privacy section before you start discussion.Patients highly value compassion and the quality of being non-judgemental.

How do you report abuse in health and social care?

How to report suspected adult abuse (members of the public) Contact the First Response Team (adult social services): Telephone: 020 8489 1400. Email: firstresponseteam@haringey.gov.uk.

Why are patients reluctant to complain about their health care?

Many of the people who suffer harm while undergoing medical care do not file formal complaints with regulators. The reasons are numerous: They're often traumatized, disabled, unaware they've been a victim of a medical error or don't understand the bureaucracy.

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 mandatory reporting in health care?

Mandatory reporting is when the law requires you to report known or suspected cases of abuse and neglect. It mainly relates to children, but can also relate to adults if the person involved is living in a residential service, such as psychiatric, aged care, or other government-run facility.

What is mandatory reporting nursing?

Mandatory reporting is a term used to describe the legislative requirement imposed on selected classes of people to report suspected cases of child abuse and neglect, elder abuse and 'notifiable conduct' by another practitioner to government authorities.

How do you get someone to open up about abuse?

Here are some ways to help a loved one who is being abused:Set up a time to talk. ... Let her know you're concerned about her safety. ... Be supportive. ... Offer specific help. ... Don't place shame, blame, or guilt on her. ... Help her make a safety plan. ... Encourage her to talk to someone who can help.More items...•

What do doctors do if they suspect abuse?

Action Step A physician who has a reasonable suspicion that a child has been subjected to physical or sexual abuse should immediately report to the appropriate child welfare agency. The signs and residual effects of physical abuse are often more apparent than those associated with sexual abuse.

When caring for a patient with suspected abuse or neglect your first priority should be to?

If a nurse suspects abuse or neglect, they should first report it to a physician, nurse practitioner, or physician assistant. Notifying a supervisor may also be required, depending on the workplace.

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.

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].

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.

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.

What are the physical injuries that a child may have?

As a result of these actions, a child may have bruises, broken bones, burns, or internal injuries that document the occurrence, as well as imprints of the specific object used to inflict the injury (e.g., belt buckle, hand, and knuckles). In sexual abuse, an adult or older child engages a child in sexual activities such as fondling, intercourse, ...

When someone feels challenged by your body position, it can evoke a fight or flight response?

When someone feels challenged by your body position, it can evoke a fight-or-flight response , and, of course, neither a fight nor a flight reaction is likely to be helpful. Stand at an angle to the person and off to the side because this is much less likely to escalate an agitated person's behavior.

What is the Joint Commission's standard for restraint?

The Joint Commission Standards on Restraint and Seclusion. Differentiates restraint used for an aggressive patient for behavioral reasons and restraint used for medical purposes to prevent substantial harm to patient. Staff using restraint to manage assaultive or abusive behavior must be trained in the following areas:

What is physical intervention in healthcare?

Although physical intervention is considered by most in healthcare security to be a last resort solution, sometimes hospital employees are left with no alternative but to use this approach on someone who becomes a danger to themselves or others . This last part of our article on handling abusive patient behavior discusses how hospital personnel can appropriately use restraints.#N#To protect the health and safety of both staff and patients, various accrediting and regulatory agencies have established standards relating to the use of restraints in healthcare, mental and behavioral health settings — as you likely know, and as you’ll see outlined below. It’s also important to be familiar with your state’s regulations related to restraints, as these vary from state to state. Some states ban certain types of interventions altogether. Others have time limits governing use of restraint.#N#One key element that virtually all regulatory, statutory, and accrediting bodies have in common is the emphasis on staff training in de-escalation techniques that can prevent the need for physical interventions. Equally important is staff training in the appropriate use of restraints as a last resort.#N#Know Which Interventions to Use and When#N#Several key points should be included in all staff training on the topic of physical techniques:

What are the three pitfalls to avoid in order to increase training effectiveness?

Here are the three key pitfalls to avoid in order to increase training effectiveness. Pitfall No. 1 Training Only Your Security Staff. One of the strategies often used in healthcare and human services organizations is training security personnel or a crisis response team to respond to potentially violent incidents.

What is the role of training staff in a crisis response team?

Staff who are closest to a given patient or situation are often in the best position to defuse escalating behavior and eliminate the need for a crisis response team call.

Why do administrators take training more seriously?

Employees take the training more seriously when they see administrators are also taking the time to participate. Administrators learn more about the day-to-day realities their staff members face . Administrators themselves gain de-escalation skills they can use when confronted with disruptive behavior.

How does a person lose control of rational thought?

As a person begins to lose control of rational thought, they become more tuned into your body language and less tuned into your words. Your nonverbal communication — including your gestures, facial expressions, movements, and tone of voice — becomes paramount to conveying calmness and respect.

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.

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.

How to respond to abuse?

How to Respond. Most victims of abuse respond in a rational way: They explain themselves and believe that the abuser is interested in what they have to say. This lets abusers know that they’ve won and have control. Instead, one must design their own strategy and not react, thereby not rewarding the abusive behavior.

What is emotional abuse?

What is less talked about, though serious, is emotional abuse that ranges from withholding to controlling, and includes manipulation and verbal abuse. The number of people affected is astronomical. Emotional abuse is insidious and slowly eats away at your confidence and self-esteem.

How does violence affect self esteem?

Violence is preceded by verbal abuse. Abuse damages your self-esteem. The abuser needs to be right and in control. The abuser is possessive and may try to isolate their partner from friends and family. The abuser is hypersensitive and may react with rage. A gun in the house increases the risk of homicide by 500 percent.

Why do people hide abuse?

You hide the abuse from people close to you, often to protect the reputation of the abuser and because of your own shame. An abuser uses tactics to isolate you from friends and loved ones by criticizing them and making remarks designed to force you take sides. You’re either for them or against them.

How to not reward an abusive person?

You can do this by not engaging, or by responding in an unpredictable way, such as with humor, which throws an abuser off-guard. You can also ask for the behavior you want, set limits, and confront the abuse.

What is the truth about violence?

The Truth About Violence. If you’ve experienced violence—and that includes shoving, hair pulling, or destroying property—it’s essential to get support and learn how to set limits. Abuse rs deny or minimize the problem—as do victims—and may claim that they can’t control themselves. This is untrue.

What is the best time to abort violence?

Sometimes, the threat of violence is all the abuser needs to control you, like a terrorist. The best time to abort violence is in the build-up stage. Some victims will even provoke an attack to get it over with, because their anxiety and fear is so great.

How to report a person who is being abused?

The first step is to gather information, such as the names of people involved, current status of the individuals involved (especially if there is injury), the address the abuse occurred at, and names and contact information of witnesses. The second step is to find out who to make the report to.

What is emotional abuse?

Emotional abuse: involves creating emotional pain, distress or anguish through the use of threats, intimidation or humiliation. This includes insults, yelling or threats of harm and/or isolation, or non-verbal actions such as throwing objects or glaring to project fear and/or intimidation.

What to say to someone who is feeling hopeless?

To everyone who is feeling hopeless may God bless you and hold you up I know this feeling of shame and hopelessness it is so unbearable please hold strong till tomorrow and see what you can do

What is the term for restricting visits from family and friends or preventing contact via telephone or mail correspondence?

Isolation: involves restricting visits from family and friends or preventing contact via telephone or mail correspondence. Financial or material exploitation: includes the misuse, mishandling or exploitation of property, possessions or assets of adults.

What are the different types of abuse?

According to the National Adult Protective Services Association, there are different types of abuse, but as a general rule: Physical abuse: may include slapping, hitting, beating, bruising or causing someone physical pain, injury or suffering.

What is the difference between abuse in Indiana and Texas?

Sadly, the definition of abuse varies by state--in Indiana, it has to be physical abuse, financial, or sexual, while in Texas it can be physical, emotional abuse, mental, financial, or sexual. Check with the Adult Protective Services office in your county.

What does the law protect you from?

The law protects you from civil or criminal retaliation as long as your report is made in good faith. If you are in doubt that what you have witnessed is abuse, these are the people to call. They can tell you whether or not you have witnessed abuse. They also work with law enforcement to hold abusers accountable.

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.

How many prison beds have been closed?

The numbers tell the tale—a million psychiatric beds have been closed; a million prison beds for psychiatric patients have been opened.

Is coercion dangerous in the short run?

Where bright lines are difficult to draw, common sense and good will must prevail. Granted that allowing the necessity of any coercion is a slippery slope, but never applying psychiatric coercion even under extreme circumstances can both be dangerous in the short run and result in much worse coercion in the longer run.

Is psychiatric coercion ever?

No psychiatric coercion, not ever, not even under the most seemingly urgent of circumstances.". I once put the question to its supreme test—thirty five years ago while having dinner with Tom Szasz. Tom was the probably the greatest defender of patient rights since Pinel (the father of modern psychiatry who, two centuries ago, ...

Who must report child abuse?

If a counselor believes an adult client has abused or neglected a child, dependent adult or elder person, the therapist must report the crime. He also must report anyone he reasonably suspected to have viewed or downloaded child pornography.

What happens if a therapist tells his therapist he can't stop thinking about raping

But if he told his therapist that he can’t stop thinking about raping the teenage girl next door, she is legally required to report the crime to the girl’s parents or the police. These kind of limits to therapist confidentiality in criminal cases are not limited to the informed parties either.

What is confidentiality in a therapist?

Therapist Confidentiality: Crimes Involving a Psychologist. Additionally, the limits to therapist/patient confidentiality mean that a mental health professional is not required to keep discussions confidential if a patient tries to use them in order to commit a crime.

Do therapists have to report crimes?

While therapists do not need to report crimes that have already happened in most cases, there are exceptions when it comes to therapist confidentiality in crimes involving crimes against children, the disabled or the elderly. This applies to both adult clients who may have committed crimes against their children or clients under 16 who have had ...

Can a psychiatrist tell if a patient has ADHD?

For example, if a patient tells her psychiatrist that she has ADHD and needs a prescription for Ritalin, but the psychiatrist can tell she is lying simply in order to obtain pills to get high, the doctor is no longer restricted by patient/doctor confidentiality laws.

Can a therapist break confidentiality?

If the patient is a minor under 16 and the therapist has reason to believe that she has been the victim of a crime and the therapist believe s it is in her best interest to report the crime, the therapist can choose to break patient confidentiality.

Can a lawyer waive confidentiality in a criminal case?

Waiving Therapist Confidentiality for a Crime Defense. On occasion, it might be in your best interest to waive your right to therapist confidentiality in criminal cases. For example, if you and your lawyer decide to make your mental state part of your defense strategy, your therapist may be called as a witness.

Who must refuse medical treatment?

For one, the person refusing to provide medical treatment to the patient must be someone who is employed by the hospital. In addition, that person must also possess the authority to decide which patients can or cannot receive treatment. In most cases, this generally will include any hospital staff that is in charge of the treatment and care ...

What happens if a doctor refuses to admit a patient?

On the other hand, if a doctor refuses to admit or treat a patient without ever considering the patient’s current medical condition, then some courts will find that the hospital should be held liable for refusing to admit or treat the patient.

What happens if a patient arrives in critical condition and fails to treat them?

For instance, if a patient arrives in critical condition and failing to treat them will result in severe injuries or possibly death, then the hospital will be held responsible for turning away a patient who needs immediate medical attention.

What does it mean when a hospital is short on resources?

If the hospital is short on resources (e.g., not enough beds, staff, medicine, overcrowded, etc.); When the hospital believes that the patient would receive better treatment at a different facility; and/or. If the hospital lacks the appropriate equipment or type of medical personnel required to properly treat a patient’s injury or illness.

Can hospitals refuse to admit patients?

Hospitals can refuse to admit or treat certain patients without incurring liability. Although hospitals cannot deny treatment to individuals for discriminatory purposes (e.g., race, gender, sex, etc.), they can do so for other reasons, such as: If the hospital is short on resources (e.g., not enough beds, staff, medicine, overcrowded, etc.);

Can a hospital refuse a patient's medical treatment?

According to the terms of the Emergency Medical Treatment and Active Labor Act (“EMTALA”), a hospital cannot refuse a patient medical treatment if it is an emergency, regardless of whether the patient is insured or not. Thus, if a patient requires immediate medical attention or is in active labor, then a hospital can be held liable ...

Can a hospital be held liable for refusing to admit a patient?

As discussed above, there are certain situations where a hospital can be held liable for refusing to admit or treat patients, such as if the hospital is denying treatment based on discriminatory reasons. Another example of when a hospital may be held liable for refusing treatment is during an emergency situation.