Sexual Assault Perpetrated by Hospital Employee Ratified by Hospital Due to Previous Sexual Assault on Another Patient Alleges Peck Law Group Personal Injury Lawyer Steven Peck

Written by Adam Peck Category: Injury Law March 28th, 2013 7 min read

On or about September 2, 2012, defendant entered the room of Patient T.O. unsupervised and engaged in sexually related conversation about her marital and dating status.
Subsequently during the nighttime hours while Patient T.O. was in a state of semi-sleep, defendant again entered her room unsupervised and engaged in a ruse of fraudulent statements about the need to perform bowel and bladder procedures that involved rubbing her stomach to induce a bowel movement and checking and cleaning her urinary catheter,
Using said fraudulent ruse, defendant began rubbing Patient T.O.’s stomach under her gown then proceeded to rub her pubic area while asking whether she wanted to be his “special friend,” then fraudulently told Patient T.O. her urinary catheter was infected and needed to be cleaned, and then inserted his fingers into her vagina while telling her she had nice vagina. Defendant continued his fraudulent ruse for up to 30 minutes during which time he also pulled up her gown and touched her breast.
Patient T.O.’s medical condition prevented her from being physically able to stop defendant or to pull away from him during a period of approximately 20-30 minutes while defendant continued his criminal sexual assault and rape by foreign object upon Patient T.O.
At her first opportunity when one of defendant’s female nurses entered her room in the morning, Patient T.O. reported defendant criminal sexual assaults and rape. Upon information and belief said report was transmitted to defendant Nursing Supervisor for defendant hospital, who in turn caused said report to be transmitted to defendant Risk Manager for defendant hospital.
Thereafter said defendants failed to take any action to protect other Hospital patients, failed to notify local law enforcement, failed to notify the Department of Public Health, failed to investigate, failed to suspend or discipline defendant employee , and continued employing him and allowing him direct and unsupervised access to Hospital’s female patients.
Subsequently on September 13, 2012, Plaintiff was admitted to defendant’s Hospital with fever of unknown origin, mental impairment due to hepatic encephalopathy with elevated levels of ammonia, and severe pain with spasms in all four limbs limiting her mobility. Plaintiff was assessed and known to be at risk of injury related to mental confusion. She was placed on hourly rounds due to the risk of fall injury.
At all relevant times herein, Plaintiff was a dependent adult within the meaning of Welfare & Institutions Code §15610.23 because she was between the ages of 18 and 64 and was an admitted as a 24-hour patient at Hospital and had physical and mental limitations that restricted her ability to carry out normal activities or to protect her rights.
On September 16, 2012, Plaintiff was administered multiple dose of Morphine and Ultram for pain and multiple doses of Baclofen for limb spasms, muscle rigidity and ataxia. At approximately 10:00 p.m. Plaintiff was assessed and known to require total assistance with mobility. At 11:49 p.m. Plaintiff was administered at least one dose of a sleeping pill.
Thereafter around midnight on September 17, 2012, defendant entered Plaintiff’s room unsupervised to take her vital signs which he did while Plaintiff remained asleep. Plaintiff’s sister was also inside this room but was asleep on a cot.
At or around 4:00 a.m. on September 17, 2012, defendant again entered Plaintiff’s room unsupervised for the purported purposes of checking her vital signs. As he started touching Plaintiff she awoke and told him she was cold and requested another blanket. Defendant left the room to retrieve another blanket and returned with another blanket plus a hospital gown.
When he returned, Plaintiff told defendant she was physically uncomfortable. Defendant then used a fraudulent “ruse” on Plaintiff by telling her it would be better for Plaintiff’s comfort if he removed her clothing, and he then removed her hospital pants, slipped his hand underneath her underwear, and fondled her labia and inserted his fingers into her vagina.
Defendant then pulled up Plaintiff’s shirt which Plaintiff immediately pulled down, but defendant quickly inserted his hand underneath her shirt and fondled her breasts while whispering, “this would be better.” Defendant stopped momentarily and checked the hallway to see whether anyone was coming, and at this point Plaintiff who was in shock, managed to toss a box of Kleenex towards her sister’s direction which woke her sister and halted further sexual assaults by defendant. Defendant then left Plaintiff’s room while calmly saying to, “you should be okay now.”
Plaintiff’s sister immediately called for help and reported defendant’s sexual assault and rape of Plaintiff to her night nurse defendant , who when entering the room, saw that Plaintiff’s hospital pants were inside the laundry bin and that her box of Kleenex was on the floor.
Upon information and belief, defendant notified Nursing Supervisor defendant and/or Hospital Security about Plaintiff’s sexual assaults by defendant . Thereafter, none of the defendants called the police for an additional three hours until approximately 7:00 a.m. and took no action to preserve evidence or curtail defendant’s conduct with other patients during this time.
Subsequent to police arriving on scene and investigating, defendant was arrested at the Hospital at approximately 8:40 a.m.
Thereafter, all defendants , and one or more DOES 1 to 100, engaged in efforts to “cover up” and/or “minimize” the sexual assaults, rape, and traumatization of Plaintiff. Said defendants failed to document a single mention of Plaintiff’s sexual assault and rape in her medical record, failed to notify Plaintiff’s physician, and failed to provide or secure any type of physical or psychological examination or treatment for Plaintiff.
Approximately 12 hours later after Plaintiffs’ sexual assault and rape by foreign object, defendant Social Worker then participated in an attempt to “cover up” and “minimize” the criminal conduct perpetrated against Plaintiff by purporting to conduct a “Comprehensive Psychosocial Evaluation” of Plaintiff upon a referral from “nursing.”
In so doing, defendant failed to make a single mention whatsoever in Plaintiff’s chart about the fact Plaintiff had just been sexually assaulted and raped, while knowing and documenting that Plaintiff was “tearful and having difficulties keeping up with the conversation” and was “upset,” “agitated,” “angry,” and “guarded” and didn’t want any male nurses in her room.
Defendants , and one or more DOES 1 to 100, therefore knew or should have known that Plaintiff was suffering severe trauma as the result of the criminal sexual assault and rape perpetrated by defendant .
Despite defendants’ knowledge of Plaintiff’s extremely traumatized state, defendants did nothing to secure immediate examination and treatment for her, failed to notify Plaintiff’s physicians of the criminal events, failed to advocate on her behalf to avoid her discharge while in her extremely traumatized emotional state, and then discharged Plaintiff home at approximately 9:00 p.m.

The PECK LAW GROUP specializes in personal injury matters relating to Serious and Catastrophic Injury, Nursing Home Abuse and Neglect, Bed Sores, Dehydration, Decubitus Ulcers, and Pressure Sores, Medical Malpractice, Surgery Errors, Traumatic Brain Injury, Birth Injury and Wrongful Death that are determined to be a breach of the standard of care. Our experts and our attorneys have superior knowledge and know how in handling these type of matters from inception to Trial if need be. You will receive superior representation and of course the best possible result based upon our know how and expertise.

Call us Now. THE PECK LAW GROUP In Southern California at (818) 908-0509; In Northern California at (925) 808-5708; or all across the United States toll free at (866) 999-9085

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Written by Adam Peck

Expertise: Personal Injury

Adam J. Peck, ESQ is a principal with Peck Law Group, APC. In 2008, Mr. Adam Peck received his Juris Doctorate from Whittier Law School where he graduated Cum Laude. His practice is primarily dedicated to representing Elders, Dependent Adults, along with their loved ones and family members, who have suffered horrific personal injuries.