Hospital Patient Abuse Lawyer in California
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.