what to do when a patient has been abused and don't want physician to report to law enforcement?

by Miss Jessica Walter 10 min read

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

3 hours ago  · 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. If the victim is with a suspected abuser, the exam should take place without that person in the room. Nurses should provide a calm, comforting ... >> Go To The Portal


Call 911 to report to your local law enforcement. Contact the hospital, doctor’s office, or facility where you experienced the abuse. Report the abuse to your state’s medical licensing board.

Full Answer

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.

What to do if a nurse suspects abuse or neglect?

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. If the victim is with a suspected abuser, the exam should take place without that person in the room.

What to do if a patient is verbally abusive to you?

Report any patient verbal abuse or harassment to nursing administration and risk management. Participate in educational and training seminars that focus on unacceptable patient conduct and how to immediately deal with it. If you are a nurse manager, nurse supervisor or CNO, be supportive to nurses who are victims of patient abuse or harassment.

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 is it important that the victim report the abuse to the proper authorities 1 point?

Reporting can help victims recover from their abuse and help prevent an offender from abusing someone else. Representatives of victim advocacy groups and law enforcement helped map out the process of making the first step to disclosure.

When caring for a person who reports suffering domestic or intimate partner violence the healthcare professional's action is to?

1.2. Recommendation. Women who disclose any form of violence by an intimate partner (or other family member) or sexual assault by any perpetrator should be offered immediate support. Health-care providers should, as a minimum, offer first-line support when women disclose violence.

What would you do if a patient told you they were being abused?

dostay calm and listen to them.offer them support.write down what they tell you using their own words.keep any evidence safe.get in touch with us or the police.dial 999 in an emergency.

What is the priority nursing intervention when caring for a patient who is a victim of interpersonal violence?

A nurse is caring for a patient in the emergency department who has been a victim of intimate partner violence. What is most important for the nurse to include in the plan of care? Providing education that will address immediate safety needs for the patient is a priority action for the nurse.

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 do doctors use their power?

They sincerely want what is best for their patients. But some use their power to intimidate, humiliate or bully. They use their position to take advantage of patients, emotionally and sexually.

Can you guess at a diagnosis?

You can guess at a diagnosis. But no matter how much you do, when you need medical care, you need your doctor. And you need to have explicit trust in their knowledge and their desire to see you well.

Do doctors abuse patients?

Most doctors do not abuse patients. One of the hardest steps is to contact another medical professional. Your trust has been broken and it is easy to feel a general sense of uneasiness and mistrust of all medical professionals. Remember that most doctors are caring and supportive.

Is abuse one time or ongoing?

abuse. is one-time or ongoing, it can be traumatic and cause lasting damage. It can develop into anxiety or post traumatic stress disorder. Our Health Guide writes, "In the weeks that followed I became fixated and re-experienced the assault over and over by way of flashbacks and thoughts.

What to do if a woman discloses abuse?

If a woman does disclose abuse to you it is your duty to act and connect her to appropriate support. It is always best to seek her consent to make a referral to a support agency, rather than signposting her to services.

What is the simplest question to ask a woman?

The simplest question to ask a woman is whether she has changed her behaviour because she is scared of her partner’s reaction. That is domestic abuse. When discussing domestic abuse try to ask her the question directly, but only if she is alone and it is safe to do so.

How to reassure a woman that she is not alone?

Above all else, reassure her that she is not alone, and she should call 999 if she is in immediate danger. Do not tell her to leave her abuser or try to intervene in the situation yourself. Leaving an abuser is a process – remember that on average it takes seven attempts before a woman is able to finally leave.

Do women respond differently to abuse?

Every woman’s experience is different, and women may respond differently to their experiences. Many women will not know or realise that they are experiencing emotional abuse – it is often like water dripping on a stone and happens over a long period of time.

Is domestic violence a non-physical form of abuse?

The National Domestic Abuse Helpline saw a 77% increase in calls in June. Non-physical forms of abuse can be as destructive and as undermining as physical violence. However, the signs are not always as easy to spot. Here domestic violence charity Refuge gives nurses some advice on what to do if they suspect a patient is being emotionally abused.

Where can I find past disciplinary actions against a doctor?

The federation put together a website called docinfo.org, where patients can search for a doctor by name and see past disciplinary actions taken against the physician as well as information on licensure and where the doctor went to school.

What does Pinero say about sexual abuse?

Pinero urges anyone who suspects sexual abuse to talk about what happened. While in certain instances – like when a patient is sexually abused under anesthesia – misconduct may go unnoticed, he says patients should take notice if doctors push boundaries.

What to Do If You Have Been Sexually Assaulted by a Doctor

Call local law enforcement. Filing a police report is the first step for many patients. If there is substantial evidence, the district attorney will decide whether or not to press criminal charges against the accused and take your criminal complaint to court.

Recent Cases of Sexual Assault Involving California Doctors

If you’ve been sexually abused by your doctor, you are not alone. This past year, a number of sexual abuse cases stories involving California doctors have come to light. Here are a few:

With SB 1448, CA Leads the Nation in Ending Doctor Secrecy

SB 1448 is set to go into effect July 1, 2019. Under the new law, doctors who are disciplined for sexual misconduct with a patient, overprescribing, criminal convictions, or drug and alcohol use on the job must inform their patients. In the past, they were only required to tell their insurance companies and place of practice.

Let an Experienced Attorney Fight for You

If you were sexually assaulted by your doctor, it can be challenging to decide whether to press criminal charges, file a civil suit, or both. If you’ve already decided, there is still a legal maze of paperwork in figuring out how to file a civil lawsuit for sexual abuse in California.

How does a firearm affect a physician?

Depending on their personal experience with guns, physicians might have varying levels of concern about or comfort with the implications of a firearm’s involvement in a given case . They might also be hesitant to question a patient further on the topic, as they might be concerned about offending the patient by asking about what many perceive to be a private issue. However, ascertaining the types of guns owned, how they are stored, and if the patient has any intentions of using them are important components of risk assessment.

Why is mandatory reporting required?

Mandatory reporting of persons believed to be at imminent risk for committing violence or attempting suicide can pose an ethical dilemma for physicians, who might find themselves struggling to balance various conflicting interests. Legal statutes dictate general scenarios that require mandatory reporting to supersede confidentiality requirements, but physicians must use clinical judgment to determine whether and when a particular case meets the requirement. In situations in which it is not clear whether reporting is legally required, the situation should be analyzed for its benefit to the patient and to public safety. Access to firearms can complicate these situations, as firearms are a well-established risk factor for violence and suicide yet also a sensitive topic about which physicians and patients might have strong personal beliefs.

When was the HIPAA Act passed?

In 1996 , the federal government passed the Health Insurance Portability and Accountability Act ( HIPAA) to standardize the expectations of patient confidentiality surrounding protected health information (PHI), which comprises any health care information that can be linked to a specific individual, such as diagnostic or treatment information [4]. With this increased regulation came increased sanctions for violations and physicians’ growing concerns about both their ethical and legal duties concerning confidentiality [5]. However, HIPAA’s implementing regulations describe particular exceptions in which it is appropriate to break confidentiality, particularly in circumstances when a failure to do so could result in harm to the patient or to society [6].

Can a physician tell a patient that the information will be shared with another party?

In many cases, physicians might choose to tell the patient, as Dr. B did, that the information will be shared with another party.

Do medical laws fit into real life cases?

Despite their attempts at specificity, these laws often do not fit neatly onto real-life patient cases. In some jurisdictions, the statements made by the patient can meet the threshold at which a physician is mandated to report in order to warn or protect a potential victim.

How to report abuse?

Reporting abuse. If you think someone may be at immediate risk of harm contact the police by calling 999. If you know someone is being abused, or think they may be, contact us during office hours or outside normal hours. If you report abuse to us we will: take your concerns seriously. deal with the matter sensitively.

What is the term for keeping people safe from harm and abuse?

We call keeping people safe from harm and abuse 'safeguarding' . Who is at risk of abuse? People may be at risk of abuse if they: depend on other people for their care. are older, frail and unable to protect themselves. have mental health problems. have a physical or learning disability.

What is neglect in care?

neglect and providing poor care in a care setting such as a hospital or care home, or in a person's own home. threatening behaviour, violence or abuse between adults who are or have been in a relationship together, or between family members, regardless of gender or sexuality.

What is misuse of medication?

misuse of medication by inappropriately giving medication, overdosing or withholding it. imposed isolation or confinement. financial or material abuse such as: theft or misuse of money, property or personal possessions. putting pressure on a person in connection with wills, property or inheritance.

What is psychological abuse?

psychological/emotional abuse such as: intimidation, threats, humiliation, extortion. racial, verbal or psychological abuse. sexual abuse such as: rape, indecent exposure, inappropriate looking or touching. involving a person in a sexual activity which is unwanted or not understood. neglect and acts of omission including:

Where can abuse happen?

Abuse can happen anywhere - at home, in a care home, hospital or day centre or in public. Anyone can abuse. Abuse takes many forms. It includes: physical abuse such as: hitting, pushing kicking. restraining someone inappropriately. misusing medication. controlling what someone eats.

What is neglect and acts of omission?

involving a person in a sexual activity which is unwanted or not understood. neglect and acts of omission including: not providing food, clothing, attention or care. withholding of aids or equipment (continence, walking, hearing, glasses) failure to provide access to appropriate health or social care.

What to do if someone isn't taking your case seriously?

If you do encounter someone who isn't taking your case seriously, ask for their supervisor and let your local sexual assault service provider know. I don’t want to get in trouble.

How to report a sexual assault?

You have several options for reporting sexual assault: 1 Call 911. If you are in immediate danger, dial 911. Help will come to you, wherever you are. 2 Contact the local police department. Call the direct line of your local police station or visit the station in person. If you are on a college campus you may also be able to contact campus-based law enforcement. 3 Visit a medical center. If you are being treated for injuries resulting from sexual assault, tell a medical professional that you wish to report the crime. You can also choose to have a sexual assault forensic exam. To find an appropriate local health facility that is prepared to care for survivors, call the National Sexual Assault Hotline 800.656.HOPE (4673).

What is the number to call for a forensic exam?

To find an appropriate local health facility that is prepared to care for survivors, call the National Sexual Assault Hotline 800.656.HOPE (4673). To learn more about the options in your area, call the National Sexual Assault Hotline at 800.656.HOPE (4673).

Why are minors afraid of being disciplined?

Sometimes minors are afraid of being disciplined, either by the law or by their parents, because they were doing something they shouldn’t have when the abuse occurred. For example, a teen might have been consuming alcohol, or a child might have been breaking a house rule.

Do sexual assaults result in physical injuries?

Most sexual assaults do not result in external physical injuries. It's important to receive medical attention to check for internal injuries. You can also choose to have a sexual assault forensic exam to check for DNA evidence that may not be visible on the surface. I’m worried law enforcement won’t believe me.

Is sexual assault against the law?

Regardless of who the perpetrator is, sexual assault is against the law. I’ve been intimate with the perpetrator in the past, or am currently in a relationship with the perpetrator. Sexual assault can occur within a relationship. Giving someone consent in the past does not give them consent for any act in the future.

Can you be billed for a forensic exam?

By law, you should not be billed for the direct costs of a sexual assault forensic exam. The way states handle this law can vary. Since 2009, states have been required to provide sexual assault forensic exams for free or via reimbursement, regardless of cooperation with law enforcement.

How does patient abuse affect nurses?

Nurses who have been victims of patient abuse and harassment are affected in a number of ways, including: All these results not only affect the nurse, but also affect the provision of safe patient care, including the potential for an increase in medication errors and patient infections, according to OSHA.

How to end violence against nurses?

Support your professional associations in their efforts to end nurse abuse. Report any patient verbal abuse or harassment to nursing administration and risk management.

What is workplace violence?

Workplace violence is generally defined by the National Institute of Occupational Safety and Health as an act or threat of violence, ranging from verbal abuse to physical assaults, directed toward persons at work or on duty. NIOSH has categorized four types of workplace violence:

When was the Workplace Violence Prevention for Health Care and Social Service Workers Act passed?

Legislation in the works. The most promising response to the prevention of patient and other abuse and harassment against nurses is the November 2019 passage by the House of Representatives of the Workplace Violence Prevention for Health Care and Social Service Workers Act (H.R. 1309).

Which states have laws against nursing?

Many states, including Illinois, Ohio and Maryland have passed laws protecting nurses and other healthcare workers from nurse abuse, but they are varied. Some require training of employees regarding workplace violence while others provide penalties to perpetrators of violence against healthcare workers.

Why do patients yell?

There are many underlying causes of such patient behavior, including financial concerns of loss of work and the cost of hospitalization, fear of a lack of control over the illness or diagnosis, anger at being hospitalized and personality characteristics or psychological problems.

How many children died from child abuse in 2015?

In 2015, about 1,670 children died due to child abuse or neglect. While this number is upsetting, many practitioners and researchers think the actual number is much greater. Healthcare providers in all settings are presented with opportunities to identify families at risk for child abuse.