Originally from Dispute Resolution Journal

Incidents of patient abuse in health-care facilities are becoming more and more commonplace. And while many cases result in termination of the employee involved, such discipline is often overturned or reduced by arbitrators. Questions such as what constitutes abuse, what role does provocation play and did management clearly outline its disciplinary policy all play a pivotal role in an arbitrator’s decision to uphold or reverse discipline of an employee. The authors consider a collection of patient-abuse cases and examine the key issues arbitrators look to in rendering their decision. 

Continuing, widespread problems occurring between elderly patients and care-giving employees have been the subject of scrutiny from the media.1 Patients may risk their possessions and financial assets to theft by employees and may also be victims of physical abuse.