Slap on the Wrist

“The only thing necessary for the triumph of evil is for good men to do nothing.”

Over a year ago, I was involved in a case where a patient attempted to punch a pregnant doctor. I stepped between them and took the punch instead. I pressed charges. After a year’s time, where I was served with no fewer than 5 subpoenas and had at least two depositions taken, as well as giving a written statement, and a few calls and visits involving the police and the prosecutor’s office, the case is done.

One of the depositions was legendary. It went like this:

• Did you restrain my client? Yes.
• Were you aware that he is disabled? No.
• Are you allowed to restrain patients? Yes, under certain circumstances.
• What circumstances? If a doctor orders it, or if a patient is an imminent threat to themselves or someone else.
• Did the doctor at any time ever ask you to restrain the patient? No.
• Are you saying that you restrained my client using your professional judgement? Yes.
• What are your qualifications? (We cover my licensure, college, training, and experience. It sounds rather impressive when listed like that, if I might say so myself.)
• Is the training provided by your employer in compliance with Florida law? I don’t know.
• Why don’t you know? You are asking me to draw a legal conclusion, and that isn’t my area of expertise. If you want to know about the compliance of this training with state law, I suggest you contact my employer.
• Let’s get back to the subject. In your professional opinion, can you give me an example of a person who is presenting an imminent threat to someone else? Sure. One that comes immediately to mind is when a grown man is trying to punch a pregnant woman in the back of the head.
• Ok, let’s move on to another line of questions. (I smirked. The prosecutor had to cover her face with her hands for a moment)

Since he was arrested in my incident, he has been arrested at least half a dozen times for attacking people, burglary, domestic violence, and flagging down a motorist to attack them. That doesn’t sound like he is too disabled to attack anyone. In fact, at the time of my last deposition, he was on probation for an assault charge from March of 2025.

Anyhow, the case has ended with a plea agreement. He got a year’s probation. He still has charges pending in another case, but we all know that nothing will be done to him. The courts have done nothing. Again, and again. Attack, arrest, probation. Wash, rinse, repeat.

Sooner or later, someone will punch this guy’s ticket. I just hope that it won’t have to be me. I don’t need the hassle.

I did learn an important lesson here. This case cost me hours of my time and was a major inconvenience. This guy? His lawyer was free, and he faced no real consequences. I won’t press charges next time, it just isn’t worth my time.