Utah Criminal Code 76-5-102.7: Assault Against Health Care Provider And Emergency Medical Service Worker–Penalty1. A person who commits an assault or threat of violence against a health care provider or emergency medical service worker is guilty of a class A misdemeanor if: Steps Health Care Provider Should Take After Being Attacked• Try to escape – If you can’t escape, yell loud enough to get help. How Help End Violence Against Healthcare WorkersThe legislature proposed the following, How to Prevent Workplace ViolenceWith violence in society a growing problem, the importance of taking measures to prevent workplace violence has become increasingly urgent to businesses that want to protect the safety of their employees. According to the Bureau of Labor Statistics, between the years of 2011 and 2018, a total of 5,746 injuries resulting from workplace violence were reported. Of these, 3,584 were workplace homicides and 2,825 of these homicides were the result of a shooting by another person. While violence is one of the major causes of death in the workplace, nonfatal cases are more common. Overall, the Occupational Health and Safety Administration estimates there are about 2 million cases of workplace violence a year. The surprisingly high number of incidents varies between verbal and physical abuse to homicides. It is also estimated that about 25 percent of workplace violence goes unreported. These statistics are a strong reminder that violence in the workplace is more common than we might think, but workplaces can take specific measures to prevent and lessen the impact of violence. When you know how to prevent workplace violence, you can be part of the solution and make your company a safer place for all employees. • Training and awareness are key factors in workplace violence prevention. Take the time to have training sessions about how to respond to a violent incident so your staff knows how to react when it occurs. There are some instances where the hospital, facility or even a patient will harm a nurse for one reason or another to include policies, accidents and intentional harm. In these circumstances, the nurse often needs to know how to move forward, what to do to seek recovery options and which choices are possible in the legal world. Nurses and nursing staff work in one of the most dangerous industries in the country. No matter what day they work, there are many hazards both at work and when treating patients that each nurse must confront. These can range from patients that have an imbalance or impairment to the sharp objects that can quickly and easily cut the skin. If equipment or tools slip and fall, they can slice open the nurse immediately. These dangers are everywhere in a hospital, and clinics equally have the same dangers. If working for a private practice, nurses still run into the same types of risks. A personal injury case is possible for anyone that suffers bodily harm at the hands of another person or company that is responsible for the damage. This then progresses to a lawsuit when the plaintiff requires compensation for recovery. The other party’s negligence is then an issue that the victim will need to prove to the judge or jury panel. Evidence and a legal argument presented will help to prove or disprove the claim. Generally, there are numerous rules that apply to these claims and can prevent a nurse from litigation against his or her employer. Negligence and the HospitalThere are elements of a negligence case. For a nurse to sue a hospital, he or she will need to prove that the facility owes a duty of care to the nurse. This exists in the professional guidelines and conduct along with the employment agreement to the organization. The duty of care is what should prevent the facility from letting dangers go unnoticed or from keeping criminals contained. The nurse can sue the hospital for negligence when there is a breach of the duty of care. The other elements must also exist along with a detailed explanation from the legal team. The Elements of the Negligent ClaimWith the duty of care comes a breach. This occurs when the facility knows of danger but does nothing to remove it. Injuries that happen through negligence often lead to lawsuits where the victim can pursue compensation for a full recovery. With the breach, the plaintiff must explain the causation between the breach and any injury sustained. The injury must become significant to seek compensation through litigation. With the services of a lawyer, the nurse can detail the injury, incident and how the hospital or other party is responsible for damages. Who to SueBased on the evidence of either negligence or a breach of the duty of care, the nurse may have one or more individuals or entities to sue. For a patient that attacks and injures the nurse, he or she can sue the patient and either obtain awards through insurance or by a direct attack on the person. However, the facility that has protections in place may not ensure the prevention of such incidents. This could lead to a lawsuit against the hospital or clinic. Then, the nurse will need a greater strength of evidence to pursue the claim legally in the courts. Evidence and the Lawyer’s HelpBy proving the elements of negligence, the nurse or Health worker can effectively sue the patient or hospital that employs him or her. This requires evidence. It is possible to acquire video surveillance captures of the accident or intentional damage. With witness statements, the video and a strong claim, the nurse can provide the courtroom with all necessary and relevant details and proof. With a lack of safety protocols in place, the hospital or clinic could face liability and owing damages to the nurse. The monetary compensation is necessary for recovery and to ensure the nurse can become whole after the injury. MisdiagnosisAlmost hand in hand with delayed care is another one of the most common causes – misdiagnosis. When a patient is misdiagnosed it can be months before they receive the proper diagnosis and the proper treatment to go with it. Treatment for a misdiagnosed illness can actually hinder recovery, causing more problems than there were to start with. There have been thousands of cases of misdiagnosis, in which the doctor or medical staff have failed to notice a serious disease, such as cancer, before it is too late. Misdiagnosis is not always life threatening, but it can have a big impact on the patient’s mental and physical well-being. Misdiagnosed fractures and infections are becoming increasingly common. Doctors are squeezed for time and will routinely miss things. Fortunately, it is rare that it causes a patient undue suffering. Medication ErrorsOn the list of ‘never event’ mistakes (errors which should never happen) and also on the list of most common causes is medication errors. Whether it be that a patient has been prescribed too much of a medication or the wrong medication altogether; the effects of these errors can be devastating. There have been cases in the last year in which patients have had their painkiller dosages doubled, to a fatal amount, due to simple carelessness of the medical staff. Medication errors are seen as ‘never event’ mistakes, yet this hasn’t stopped them from creeping into the top clinical negligence claim causes in the Utah. Free Initial Consultation with LawyerIt’s not a matter of if, it’s a matter of when. Legal problems come to everyone. Whether it’s your son who gets in a car wreck, your uncle who loses his job and needs to file for bankruptcy, your sister’s brother who’s getting divorced, or a grandparent that passes away without a will -all of us have legal issues and questions that arise. So when you have a law question, call Ascent Law for your free consultation (801) 676-5506. We want to help you!
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