Failure to protect can result in both civil and criminal charges for hospital security. Hospitals are expected to be safe spaces for patients, visitors, and staff. Yet, incidents of violence, abuse, or assault sometimes occur within hospital walls. When hospital security fails to prevent or respond appropriately to foreseeable harm, questions arise about legal responsibility. One concept often raised in these situations is “failure to protect.” But what does it mean, and can hospital security personnel face criminal prosecution?
What Does “Failure to Protect” Mean?
In Oklahoma law, failure to protect generally refers to a person or entity neglecting a legal duty to prevent foreseeable harm. This concept most commonly appears in cases involving:
- Parents failing to protect children from abuse.
- Caregivers failing to safeguard vulnerable adults.
- Institutions neglecting to prevent known dangers.
When applied to hospital settings, the issue is whether security personnel—or the hospital itself—knew of a potential risk and failed to take reasonable steps to prevent harm.
Duties of Hospital Security
Hospital security officers have specific responsibilities, including:
- Monitoring entrances and exits to prevent unauthorized access.
- Responding to reports of threats or disturbances.
- Protecting patients, visitors, and staff from foreseeable harm.
If security fails to act when they are aware of a threat—such as allowing a known trespasser to enter or ignoring violent behavior—they could potentially expose both themselves and the hospital to liability.
Can Hospital Security Face Criminal Prosecution?
In most cases, hospital security officers face administrative discipline or civil liability rather than criminal prosecution. Criminal charges generally require intentional wrongdoing or extreme recklessness. Examples where charges might apply include:
- Aiding and abetting – If a security officer knowingly assists or ignores ongoing criminal activity.
- Willful neglect of duty – In rare cases, if a security officer intentionally ignores imminent harm, charges could include official misconduct.
More commonly, failure-to-protect claims lead to civil lawsuits against the hospital for negligent security rather than individual officers being prosecuted.
Hospital Liability
Hospitals may be liable under premises liability or negligent security theories if they fail to:
- Provide adequate staffing for security needs.
- Respond to prior incidents or known threats.
- Maintain proper training and procedures for security personnel.
These lawsuits can result in compensation for victims, including medical expenses, lost wages, pain and suffering, and sometimes punitive damages.
OKC Civil and Criminal Attorneys
While hospital security personnel are rarely criminally prosecuted for “failure to protect,” hospitals can be held accountable for inadequate safety measures that result in harm. Victims have options to seek compensation and to hold healthcare institutions responsible for failing to ensure safety within their facilities. For a free and confidential consultation with an attorney at Kania Law – OKC Attorneys call 405. 367.8710. Or you can follow this link to ask an online legal question.
