The family of a security guard who was shot and killed at a hospital in Portland, Oregon, sued the facility for $35 million on November 11, 2024, accusing it of negligence and failing to respond to the dangers posed by the gunman in the days leading up to the shooting.
According to the wrongful death complaint, the hospital failed to enforce its policies against violence and weapons in the workplace by not barring the shooter from the facility, despite staff reporting threats and aggression toward them in the days before the incident.
The gunman first visited the hospital on July 19, 2023, as his partner was about to give birth. Over the next two days, nursing staff and security guards filed multiple incident reports describing outbursts, violent behavior, and threats made by the gunman. However, these reports were not made accessible to staff members who were interacting with him, according to the complaint.
On July 22, nurse supervisors decided to remove the gunman from his partner’s room. The security guard accompanied him to the waiting area outside the maternity ward. During a search of his partner’s room, security guards found two loaded firearms in a duffel bag, and the gunman’s partner informed them that he likely had a third gun on his person, the complaint said.
Despite the discovery of the firearms, over 40 minutes passed before the security guard was shot. According to the complaint, two minutes before the shooting, a fellow security guard used hand gestures through glass doors to notify the guard escorting the gunman that the individual was armed. The security guard then told the gunman he would perform a pat down, but the gunman said he would leave. The security guard began escorting him out of the hospital, but as they approached a group of hospital staff, the gunman shot the security guard in the neck.
The complaint alleges that the hospital did not call a “code silver” — the emergency code for an active shooter — until after the security guard had been shot.
In the wake of the incident, the hospital announced plans to install additional metal detectors, require bag searches at all hospital entrances, equip more security officers with stun guns, and apply bullet-slowing film to some interior glass and at main entrances.
Compliance Perspective
Issue
The incidence of violence against healthcare workers is a growing problem that affects thousands of individuals across the country. From verbal and physical assaults to active shooter events, acts of violence are occurring at an alarming rate. While some active shooter situations are planned by the perpetrators, others may arise spontaneously. In either case, situational awareness and vigilance are critical. Employers are obligated to comply with OSHA guidelines and standards to ensure a safe working environment for all healthcare staff. Failure to adhere to these regulations may result in financial penalties and other sanctions. Federal regulations on emergency preparedness include specific requirements for nursing homes and other healthcare facilities, such as conducting facility-based and community-based all-hazards risk assessments and developing strategies to address identified risks. Emergency plans, training, exercises, and procedures must be reviewed and updated regularly to address modern-day safety challenges and keep healthcare workers safe.
Discussion Points
- Review policies and procedures related to risk management and preventing workplace violence. Early intervention can prevent situations from escalating by identifying, assessing, and managing a threat. Recognizing pre-attack warning signs and indicators could prevent a potential tragic event. Review policies and procedures regarding the facility’s Emergency Preparedness Plan provisions for responding to an active shooter situation, including the performance of risk assessments and drills. Also review policies regarding someone bringing a gun or other weapon onto the premises.
- Staff should be trained on workplace violence prevention policies and procedures, including what actions to take if a weapon is brought onto the premises. This includes ensuring leadership staff are familiar with OSHA guidelines and standards for maintaining a safe working environment. Staff must understand that reporting concerns, no matter how minor, is mandatory and could potentially save lives. Training should emphasize recognizing signs of aggression or danger, how to respond in active shooter situations, and how to handle weapons brought into the facility. Training should be documented, with signed forms kept in each employee’s education file. Regular mock drills involving law enforcement and first responders should be conducted to evaluate the effectiveness of staff responses. Communication of emergency procedures should also be shared with residents and their families or responsible parties.
- Periodically audit to ensure that staff are trained and knowledgeable of your policies and procedures related to preventing workplace violence, and also of their duty to report any concerns to their supervisor, the compliance officer, or via the anonymous hotline. Audits should verify that employees understand how to respond to a weapon being brought onto the premises. Facilities should consider placing “no weapons” signs at all entrances and conduct regular audits to ensure these signs remain visible and up to date. Policies prohibiting weapons should also be included in the employee handbook if not already present.
*This news alert has been prepared by Med-Net Concepts, Inc. for informational purposes only and is not intended to provide legal advice.*
