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Hospital Patient Abuse Lawyer in California

Woman Slept As a hospital patient abuse lawyer in California, I have seen some egregious acts of negligence and wrongdoing. When a person is admitted to a hospital, they expect to receive care and treatment in a respectful and professional manner. Too often, however, patients are placed at risk for sexual assault and abuse by doctors, nurses, orderlies and other hospital staff. The hospital setting where persons are unclothed, have physical limitations and are often sedated by anesthesia or other drugs can provide a perfect opportunity for a sexual predator to take advantage of the patient. Hospitals in California are charged with the highest duty of care and when they are negligent in hiring, re-hiring, screening or supervising their doctors, nurses and staff, and this results in a rape or other sexual attack, they should be held accountable.

What Does California law say About the Right of a Patient to Seek Compensation for a Sexual Assault Occurring in a Medical Facility?

The laws of the State of California are fairly specific when it comes to providing rights and remedies for patients in hospitals, mental health facilities, nursing homes, or any 24 hour health care facility. In general, a medical facility may be held liable for acts of negligence including negligent hiring, supervision or retention of any employee who becomes a perpetrator of a sexual assault. This requires proving that the medical provider “knew” or, more often, “should have known” that the assailant was unfit for the duty to which he or she was assigned. In addition, Cal. statutes that may apply include the California Dependent Adult Abuse Act, which provides for both compensatory damages and potential punitive damages against any 24 hour medical facility that allows physical abuse of patients, and the CA. Civil Code which guarantees the rights of persons with medical conditions to be free from abuse or harassment.

Importance of Seeking the Advice of a Hospital PatienT Abuse Attorney Familiar With Investigating and Prosecuting Civil Claims for Damages

Proving liability against a health care provider for a sexual assault that occurs within their facility is not an easy task. Investigation must be conducted into the background and work history of the employee who committed the assault and the knowledge of the supervisors and management had about the person in question. Witnesses, including prior victims, must also be questioned either informally or through the deposition process to bolster the claims. The policies and procedures of the hospital, nursing home or other medical facility must be thoroughly examined and explored. Often experts are retained to review what went wrong and how the sexual assault was allowed to occur to the patient. This all takes the knowledge, skill and expertise of lawyers familiar with sex assault claims in hospital settings.

Steven M. Sweat, Personal Injury Lawyers, APC has successfully prosecuted and obtained millions of dollars in compensation for victims of hospital rape. We know that this can be as traumatic an event as anyone can experience and we are ready, willing and able to listen to the victim and determine the best course of action in these cases. Call statewide toll free: 866-966-5240.

Client Reviews
I have known Steven for some time now and when his services were required he jumped in and took control of my cases. I had two and they were handled with the utmost professionalism and courtesy. He went the extra mile regardless of the bumps in the road. I can not see me using any other attorney and I would recommend him to any of my family and friends. Josie A.
Steven was vital during our most trying time. He was referred by a friend after an accident that involved a family member. While he was critical and lying in the hospital, Steven was kind, patient and knowledgeable about what we were going through. Following our loss, Steven became a tough and aggressive negotiator and made sure that we receive a huge compensation. I would refer Steven in fact, this happened 2 years ago and I still speak highly of his service. Cheryl S.
Mr. Sweat is a pitbull in the courtroom as well as settlement negotiations - You can't have a better equipped attorney in your corner! It is a pleasure working as colleagues together on numerous cases. He can get the job done. Jonathan K.
Because of Steven Sweat, my medical support was taken care of. Plus, I had more money to spare for my other bills. Steven is not only an excellent personal injury lawyer, providing the best legal advice, but also a professional lawyer who goes beyond his call of duty just to help his clients! He stood up for me and helped me get through the process. I would definitely recommend. I couldn't think of any better lawyer than him. MiraJane C.
I must tell anyone, if you need a great attorney, Steve sweat is the guy! I had an awful car accident and had no idea where to turn. He had so much to deal with because my accident was a 4 car pile up. Not to mention all the other cars were behind me and they were not wanting to settle in any way! He never stopped working for me and had my best interest at heart! Audra W.
I believe I made the best choice with Steven M Sweat, Personal Injury. I was very reluctant to go forward with my personal injury claim. I had a valid claim and I needed a professional attorney to handle it. I felt so much better when I let Steven take my case. His team did everything right and I am very satisfied. Stia P.
I have to say that Steve has been exemplary! I met Steve at a point with my case that I was ready to give up. He took the time and dealt with all of my concerns. Most importantly, he was present and listened to what I was going through. He was able to turn things around, put me and my case on the right track! The results were better that expected! Highly recommend!! Cody A.