Health NZ breached rights after assault in Hutt Hospital emergency department

The Health and Disability Commissioner has found Health NZ breached two rights under the Code of Health and Disability Services Consumers' Rights following an assault in the Hutt Hospital emergency department. The breaches involved failing to provide services with reasonable care and skill, and failing to follow the organisation's intimate partner violence policy. Deputy Commissioner Dr Vanessa Caldwell stated, "I accept that [the woman] had significant and warranted concerns about her safety around [the man] in the ED and that staff did not adequately address these concerns".

The incident occurred on 27 April 2022, when a woman accompanied her boarder to the emergency department during a mental health crisis. Despite the woman reporting her safety concerns to two nurses and providing a written note to the overnight registrar, she was encouraged to stay and support the man. The note stated that when the man became unwell, he tried to hurt and "kill" her.

At 1.15am on 28 April 2022, the man assaulted the woman in a private whānau room, causing injuries to her head, arms, and hands. Although staff heard the altercation and activated a duress alarm, they did not call the police. Police were only notified after the woman's daughter contacted them, and hospital staff only contacted police at 2.16am after the man had fled.

The woman was discharged after 2.30am and walked home alone at night while disoriented. Dr Caldwell found that Health NZ failed to properly evaluate the woman's head injury and allowed her to walk home alone. Health NZ has been recommended to provide a written apology to the woman and update its policies regarding witnessed assaults in emergency departments.

Where reports differ

• Clinical notes recorded no loss of consciousness, whereas the woman stated she lost consciousness during the attack

Compiled from reports by Stuff, NZ Herald and RNZ.