Mid-Atlantic Health Law TOPICS

The federal Occupational of Safety and Health Administration reports that 75% of all workplace assaults occur in health care settings. Yet, most of these incidents are never brought to the justice system for a variety of reasons, including obstacles inherent in the process, a lack of understanding about how to pursue criminal charges, and fear of retaliation from offenders.

Obstacles

Not surprisingly, there are good reasons why there are intentional obstacles inherent in pursuing criminal charges, since the justice system can deprive a person of their liberty. One of these obstacles is that, if the assault doesn’t happen in view of a police officer, then the victim will not be able simply to dial 911 and have the police arrest the offender, unless the victim is seriously injured or assaulted with a firearm.

This is because Maryland law, for example, generally prohibits the police from making warrantless arrests for offenses classified as misdemeanors, unless the act occurs within the view of a police officer.

Instead, the more common path for assault victims to initiate the criminal process is by filing a criminal complaint on their own initiative with the court commissioner.

The process of filing a criminal complaint against an offender can be difficult, and seeing a criminal case through conviction can be a burdensome process. However, Maryland courts have published helpful materials to guide victims of crime through the process, including how to shield the victim’s contact information from public access.

Peace Orders

There are also remedies available outside of the criminal justice system. Either the victim of an assault (or certain related offenses, such as stalking or harassment), or their employer, may petition the courts to issue a peace order against an offender.

A peace order is a civil order issued by a judge that orders a person to refrain from contacting or committing certain acts against another person. Peace order petitioners can also ask the courts to withhold the petitioner’s personal information from public view.

Of course, if the employer that files a petition on behalf of the employee is a hospital, then the hospital must be able to accommodate scenarios where any peace order respondent (the offender) is seeking medical care at the hospital while the victim is onsite.

Also, while Maryland’s peace order statute previously exempted employers from potential civil liability for failure to petition for a peace order on behalf of an employee, that exemption has now expired. Accordingly, employers should consider appropriate policy updates to account for this potential exposure.

The Maryland Hospital Association, in partnership with the Mid-Atlantic Patient Safety Center, publishes a free toolkit with resources designed for hospitals and health systems to encourage thoughtful engagement on the issue of violence against health care workers.

Michael J. Brown
410-576-4030 • mbrown@gfrlaw.com