Attacked at work, not a criminal matter, who's responsible then?

Kaz2904

Just after some advice really for a friend of mine. She is a nursing auxiliary at a hospital. A few weeks ago, she and another colleague were changing a mans pad. The man tried to headbut the nurse but she ducked so he lashed out and kicked the NA in the chest. The first kicked knocked her back into the locker where she was unable to move and he then kicked her again.
Security were called immediately. The medical team were standing at the desk and did beggar all. The clinical site manager came and prescribed some sedation so the man could be safely put into his bed.
The NA went to the Emergency Department (ED) where a Dr saw her and gave her 2 cocodamol and sent her home. The CSM contacted the police to report the incident.
The police were unable to call and see my friend for a couple of days but when they did, they explained that because the attack was not mentioned on the discharge summary, they could not act on it.
On the Tuesday evening, my friend returned to work. She was still complaining of pain. I was unhappy with her whole demeanour and wouldn't let her do any manual handling. After a couple of hours, I noticed she was really short of breath. I sent her down to ED again and told her to get X-rays this time. She returned an hour or so later and said her ribs are fractured.
She was due to fly on holiday 9 days later to Florida. She was told she could still fly.
She has turned from her holiday where she couldn't do anything, she couldn't go on any rides due to the pain so wasted her money. On arriving back in the country, she has been to see the police again. They still won't persue this matter as the patient had dementia and apparently needed a police escort in the ambulance on admission.
The patient had also punched a nurse the night before which had been reported.

Who is responsible for compensating my friend for all of her time off work, the enhancements she may lose and the money she wasted on a holiday she could do nothing on?
She is still not back at work and it's 5 weeks today since it happened. Hopefully she will be able to return soon.

Sorry for the long one, appreciate any help you can offer

JDC14

Just from a common sense only point of view;

Surely if the patient required a police escort on the ambulance, punched a nurse the night before, and required sedation before he could be moved back to his bed - then her employers are at fault.

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I'm not sure on the laws and I have absolutely no experience in this, so don't take this as any real advice. But that's immediately the solution I would be drawn too.

Firefox1975

If she has not had suffcient training to deal with her patients then the employer is at fault.

if she has, then no one is at fault.

Kaz2904

So it's ok for her to have # ribs then because she has had training?
We are often exposed to violence and aggression both verbal and physical and generally we only manage to not get injured because we have been able to dodge out of the way.

toerag33

Your friend needs to contact her union rep asap. This incident should have all been documented by the senior nurse on duty and she should have been given a copy.

Kaz2904

Unfortunately, she's not in a union. It's all been documented via the correct channels but she doesn't know where to turn next.

custardy

I suppose the ain question is what could have been done differently to avoid this?

whitewing

Did she tell her travel insurers prior to going on holiday? Would she able to claim against her travel insurance for the fact that her enjoyment of the holiday was severely affected by the incident? If so, perhaps the insurers could advise her what to do next.

Kaz2904

Travel insurance were told about it and she had to get permission to fly (along with being told breathing exercises) but I don't think she can claim from them as she actually went on the holiday IYSWIM? So she spent 2 weeks in Florida despite the fact that she wasn't able to do any of the rides or anything, she still went into the parks because she had her daughter with her.
Very difficult situation really. The reason I sent her down to ED in the second instance was because I had visions of her having a broken rib and developing a PE or a punctured lung mid flight :eek: and being very poorly. I never imagined there would be all this hooha about it not being a criminal act.

princessdon

Even if it was a criminal act I don't think she could claim for "lack of holiday enjoyment".

If she was too ill - Holiday insurance covers that - if not and she went - then I can't see a claim there.

Re any work related costs, lack of wages then I would certainly expect work to cover those as it happened on their premises. What does the Risk Assessment say for this type of patient. Were all the procedures followed?

fawd1

What are you hoping to get out of it? I don't mean personally but for your friend? If the patient who kicked her has dementia, the CPS will never prosecute due to diminished responsibility. The only avenue worth pursuing is the hospital and only then if proper measures weren't put in place regarding this patient i.e instructing all staff on how to properly deal with him, whether sedation would be necessary etc etc

However, the hospital won't be responsible of a crime, just a managerial failure in regards to health and safety