Tougher penalties for health care assaults

Veneficus

Forum Chief
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I started a petition on change.org for tougher penalties against nurse's, emt's and all health care workers. Assaulting a health care worker should bring the same penatly as assaulting a police officer. Check it out and please sign!!

http://www.change.org/petitions/the-governor-of-ca-tougher-penalties-for-nurse-assaults

umm...

In at least my home state and I understand many more, it already is. Both for fire/ems providers and for healthcare workers in a protected environment like a hospital.

But search for my comment on willful and malicious intent on this very topic. (It is a bit involved so I don't want to type it again.)

The long and short of it is when you deal with altered people, you are in harm's way. Not because they want or plan to assault/batter you.

You can't even play the "should have known better before" card.

We know not to eat McDonalds, not to smoke, etc. But we still take care of those people too.
 

Shishkabob

Forum Chief
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It is here in Texas. Simple assaults are instantly upgraded to a felony agg. assault when it's against an officer, Paramedic/EMT, or firefighter who are doing official duties.
 

MassEMT-B

Forum Captain
260
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In MA its a felony to assault an EMT or Firefighter but a misdemeanor to assault a police officer. At the same time it is going to hurt a lot more when you assault a police officer.
 

Vetitas86

Forum Lieutenant
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It is here in Texas. Simple assaults are instantly upgraded to a felony agg. assault when it's against an officer, Paramedic/EMT, or firefighter who are doing official duties.

I was gonna say...I did a partial course at the police academy (didn't finish. Had to deal with my dad's death. Long story) and I was fairly sure it was extended to fire and EMS. Nice to know my memory still works ;)
 
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zephers

Forum Probie
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It is here in Texas. Simple assaults are instantly upgraded to a felony agg. assault when it's against an officer, Paramedic/EMT, or firefighter who are doing official duties.

I know some states have it, but ALL states should have it. Being altd or etoh should not be an excuse. Lets get the whole nation under the same rules!
 

Pavehawk

Forum Lieutenant
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I know some states have it, but ALL states should have it. Being altd or etoh should not be an excuse. Lets get the whole nation under the same rules!

Will never work, someone would call it Obamalaw and be against it cause his state has the right to hate medics... go figure!:rofl:
 

Sasha

Forum Chief
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I know some states have it, but ALL states should have it. Being altd or etoh should not be an excuse. Lets get the whole nation under the same rules!

Being altered isn't an excuse? So if someone having a CVA or postictal strikes a medic they should be a felon?
 

SoCal911

Forum Lieutenant
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Those postictal patents can get pretty violent. But aggressive patients with anger issues should definitely receive some kind of retribution
 

adamjh3

Forum Culinary Powerhouse
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I know some states have it, but ALL states should have it. Being altd or etoh should not be an excuse. Lets get the whole nation under the same rules!

No.

If it's willful like "help my pops or I'mma beat Yo ***" that's fine.

The lady who punched me in the groin when she was postictal? Not so much
 

Sasha

Forum Chief
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Those postictal patents can get pretty violent. But aggressive patients with anger issues should definitely receive some kind of retribution

Depends why they're aggressive. Mental illness shouldn't be punished.
 

Veneficus

Forum Chief
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addiction is an illness.

But I think there is something more important to consider here.

If somebody is being "punished" it means something has already gone wrong.

Perhaps less money and effort should be spent on after the fact and more on prevention?
 

mycrofft

Still crazy but elsewhere
11,322
48
48
How about fining the employer when there is a battery?

Easy enough to feign post-ictal or psychomotor seizure or confusion or other obtunded states and "accidentally" strike someone to get away with it.

"Where am I ? Who are you? Lemme go!!" splat.
 

Tigger

Dodges Pucks
Community Leader
7,854
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Those postictal patents can get pretty violent. But aggressive patients with anger issues should definitely receive some kind of retribution

Retribution? How about counseling?
 

mycrofft

Still crazy but elsewhere
11,322
48
48
A battery is an unwanted touching. Battery is a felony in all fifty states. Diminished capacity is hard to disprove and a universal excuse.
 

NYMedic828

Forum Deputy Chief
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In NYC, assaulting any uniformed public servant is a felony.
 

Miscusi

Forum Lieutenant
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I was taught that if i suspect any kind of danger, to get the heck outta there... Scene safety and all that.. Id even leave all the equipment behind, and get to safety, leos will take care of the rest.. There shouldnt be any assault in the first place..
 

Sasha

Forum Chief
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I was taught that if i suspect any kind of danger, to get the heck outta there... Scene safety and all that.. Id even leave all the equipment behind, and get to safety, leos will take care of the rest.. There shouldnt be any assault in the first place..

You must not have worked in EMS yet.
 

Tigger

Dodges Pucks
Community Leader
7,854
2,808
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I was taught that if i suspect any kind of danger, to get the heck outta there... Scene safety and all that.. Id even leave all the equipment behind, and get to safety, leos will take care of the rest.. There shouldnt be any assault in the first place..

Wait till you learn that both scenes or patients are dynamic. I've been "assaulted" during routine dialysis transports, do you think the transport started any different than it normally did?
 
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