Preventing Battery in Nursing: 5 Strategies for Facilities

Legal claims against nurses are on the rise, a situation that is linked to staffing shortages and nurse burnout. The most frequent charges are related to negligence, but there are also cases where a nurse is charged with battery against a patient. Battery in nursing is generally defined as intentionally making offensive or harmful contact with a patient without their consent.

We’ll discuss medical battery in more depth and provide five strategies for preventing it at your facility. Armed with knowledge and tactics, you can play an important part in protecting your organization and the patients who come to you for care.

What Is Battery in Nursing?

In a medical setting, the term “battery” indicates that a healthcare provider intentionally touched or made contact with a patient without the patient’s consent (battery can also involve violence against healthcare providers or other individuals in a facility). In most situations this contact causes harm to the patient, whether physical or psychological.

It’s important to know that unauthorized touching can happen when a patient is unaware; for example, while heavily sedated for a procedure. Because battery involves intentional contact that is harmful or offensive, it is different from other infringements like assault and negligence.

Assault vs. Battery in Nursing

Both assault and battery are serious infringements on patient rights. The legal term for a wrongful act that violates someone else’s rights is tort. In nursing, the consequences can include termination of employment, disciplinary action from the board, or even prison time.

Though assault and battery often happen together, they are distinct charges. Assault in nursing is basically a threat to a patient, where the patient reasonably believes they may be harmed, whereas battery is following through on that threat with unwanted contact.

Examples of Battery During Nursing Tasks

One common example of battery in nursing is unauthorized CPR. Nurses have to react quickly to situations that seem to call for lifesaving measures. In the urgency of the moment, the nurse may not be aware that a patient has DNR orders. This could result in a situation where a patient (or their surviving family members) could raise allegations of battery.

Nurses also may be accused of battering a patient by:

• Pushing or pulling on a patient in an unsafe way (i.e., without the right technique or mechanical lift).
• Coercing a patient to take medication.
• Administering invasive treatments (i.e., starting an IV or inserting a foley) without patient’s agreement.
• Using physical restraints against facility policy.
• Failing to acknowledge that a patient has revoked consent.

5 Strategies for Preventing Battery at Your Facility

Nurses are on the front lines of patient care and make a lot of contact with patients, often under difficult and stressful conditions. As a leader in the organization, your input affects the way that nurses care for their patients. Here are five strategies for preventing battery and promoting safe, ethical, and compassionate patient care.

1. Empower Nurses to Honor Patients’ Rights

A competent patient has the right to make decisions about their care, and providers need to honor their wishes. Even if providers disagree with the patient’s decisions, such as when a patient refuses a life-sustaining treatment (like getting tube feedings), the patient’s wishes must be respected. This is called bodily autonomy in the context of healthcare.

Teach staff that patients are the center of the care team, and empower nurses to take action that is aligned with patient wishes.

2. Create Policies That Are Informed by Best Practices

Nurses look to policies and procedures when they’re making difficult decisions involving their patients. Make sure that policies are up to date and informed by industry best practices.

In our example of unauthorized CPR, policies around DNR orders that are based on industry best practices would touch on things like prompt charting and communication, signage for patient rooms, and color-coded ID bands.

3. Prioritize Nurse Safety

Make your nursing staff’s safety a priority to save your facility trouble down the line. When nurses don’t have the right tools or resources to do their job safely, they may inadvertently put patients at risk.

For example, if the unit’s sit-to-stand lifting device is broken, the nurse’s attempt to help the patient from the chair to a bed might involve pulling on the patient and causing harm. If nurse safety is a priority, facilities will ensure that lift devices are serviced and maintained and take steps to prevent nursing professionals from facing that situation.

4. Strive for Safe Staffing Ratios

If a unit is short-staffed, nurses may be tempted to cut corners. Safe nurse-to-patient ratios ensure that nurses can take the time to do tasks thoroughly and by the book.

Consider a situation in which an elderly, non-verbal patient shakes her head when offered medication. An overburdened nurse may not provide education about what the medication is for, or try to understand why the patient is refusing. If the nurse coerces the patient to take the pill, this could be considered an act of battery.

5. Foster a Culture of Compassionate and Empathetic Caregiving

Hire nurses who will engage with patients in a caring way and show appreciation to those who are compassionate toward patients. Remind nursing staff that self-care is the foundation of caring for others.

Some hospitals have “tranquility rooms” as part of a broader nurse wellness program, where nurses can get 15 minutes of peace and quiet to regroup before re-engaging with challenging patients. Even things that seem minor, like decorating the break room or nurses’ station in a way that fosters kindness, can help.

Stay Informed About Ways to Protect Your Patients and Staff

It’s crucial for your facility to prevent legal problems, like accusations of battery. In nursing, providing hands-on care for patients is an integral part of the job. Stay on top of the latest nursing best practices to make sure that you’re providing safe, productive, and legally compliant patient care.

Legal Disclaimer: This article contains general legal information, but it is not intended to constitute professional legal advice for any particular situation and should not be relied on as professional legal advice. Any references to the law may not be current, as laws regularly change through updates in legislation, regulation, and case law at the federal and state level. Nothing in this article should be interpreted as creating an attorney-client relationship. If you have legal questions, you should seek the advice of an attorney licensed to practice in your jurisdiction.