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Irwin Law
Irwin Law, Attorney
Category: Legal
Satisfied Customers: 6845
Experience:  Lawyer & Real Estate Broker, 30+ years, foreclosure, land contracts, inheritance, probate.
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I am a physician. While on duty, I was called to see an acutely

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I am a physician. While on duty, I was called to see an acutely ill patient. As I was about to go into the room, the nurse supervisor, who is a physically large woman (6ft 2in, about 225 lbs) jumped in front of me, arms crossed and her elbows pointing at me, blocking my passage. She was visibly angry and leaning into me. When I tried to go around her, she moved directly into my path and again blocked me. This happened several times. I was extremely intimidated by this aggressive action and was afraid she would do something else. Does this constitue assault and can I press charges?
Submitted: 5 years ago.
Category: Legal
Expert:  Irwin Law replied 5 years ago.

Under the U.S. common law system, the crime of assault is committed when a person intentionally puts another in fear of receiving serious bodily injury or offensive contact. When the victim is actually injured or contacted in an offensive manner, the offender is guilty of battery. Today, while some states continue to separate the two crimes of assault and battery, many have combined both under one single assault statute.

 

Under NY law, there are three degrees of assault, all of which require some kind of physical injury. However, under the Assault statute, http://ypdcrime.com/penal.law/article120.htm#120.13 there is also included the crime of "menacing" in several degrees. That is what appears to have happened to you.

 

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Customer: replied 5 years ago.
This incident occured just before I left for a 2 week vacation. On my return, the nurse supervisoe had resigned her job, blaming her decision on my threat to press charges. Hospital administration is now seeking to have me diceplined. Any thoughts?
Expert:  Irwin Law replied 5 years ago.

This is quite a bit off the original question, but it I think that the hospital might have called for a conference with the two of you over the incident, and then make a decision. There are probably all kinds of rules and regulations establishing complaint and grievance procedures covering incidents between personnel. Also, the reason for the nurse resigning sounds pretty bogus. Whether she works there or not has no bearing on your right to press charges.

 

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