Key Points:

• Occupational violence toward emergency healthcare workers is on the rise and is a known risk of injury to workers in hospitals and healthcare services.
• In a recent case, Carbone Lawyers achieved a significant settlement for an ER nurse who was assaulted by a psychiatric patient in the Emergency Department of a major Victorian hospital.

Summary:

Carbone Lawyers has obtained a successful common law damages settlement for a healthcare worker who was assaulted and injured by a psychiatric patient whilst at work.

Case Details:

Carbone Lawyers has successfully acted for an ED nurse in a claim for compensation against a Victorian hospital after he alleged he was assaulted by a psychiatric patient who was aggressive, under the influence of alcohol, and psychologically unstable.

Our client alleged that, as a result of an assault by the patient, he was left with a permanent physical injury that required extensive treatment, including surgery. Our client alleged that, as a result of his injury, he was prevented from continuing to work in his chosen profession as an ED nurse, which is a physically demanding role requiring extensive time spent on one’s feet. Our client further alleged that the assault had caused a psychological injury and that he was traumatised by the assault he suffered in the workplace.

Carbone Lawyers brought a common law claim for the injured worker alleging that the hospital had failed in its duty of care to our client and other hospital staff to take reasonable care to prevent a foreseeable risk of injury posed by the psychiatric patient.

This case highlights a critical issue for healthcare workers in Victoria: the rising tide of occupational violence against hospital workers, healthcare workers and emergency workers. This case serves as a stark reminder of the importance of healthcare institutions in safeguarding those who serve on the front lines, ensuring they can perform their vital roles without fear of violence and injury.

Outcome:

Our client successfully resolved a lump sum claim for pain and suffering and loss of earnings damages as a result of his injury. Carbone Lawyers is committed to achieving great results for injured workers.

*Details of this case have been altered or omitted to protect the identity of the parties.