The nursing technician was attacked by a patient who was unhappy with the accommodation and care in the UPA where she works.
The 3rd Appeal Panel of the Federal District Special Courts condemned the state itself to indemnify a nursing technician who was assaulted by a patient while working in a public health unit.
The nursing technician claimed that she worked at the Emergency Care Unit (UPA) of São Sebastião when she tried to defend a co-worker who was being attacked by a patient who was unhappy with the unit’s accommodation and care. According to her, the event caused her traumas that forced her to leave the service. The defense claimed that it has no responsibility for what happened, since the attacks were committed by a third party.
The 1st instance judge dismissed the request as he understood that the nursing technician was unable to prove that the defendant had failed to guarantee his physical integrity, as security was immediately activated and contained the aggressor.
The server filed an appeal, which was accepted by most of the magistrates. In the winning vote, the judges explained that it is the State’s duty to guarantee a safe working environment for its employees, and that in the case of omission, their responsibility is objective, that is, it does not depend on guilt or intent.