A woman who was allegedly raped by a male certified nursing assistant in a Las Vegas, Nevada hospital in 2008 reached a confidential settlement of her lawsuit against the hospital on September 20, 2013 (the case was scheduled to begin trial on September 23, 2013). The woman was one of six women who alleged that one of the hospital’s nursing assistants sexually assaulted them. The 61-year-old former nursing assistant was arrested in May 2008 and is incarcerated while awaiting trial on lewdness and sexual assault charges. His criminal trial is scheduled for February 3, 2014.
The woman alleged that on May 15 or 16, 2008, she suffered a seizure and was taken to the hospital’s emergency room. The certified nursing assistant was transporting the woman from the emergency room to a hospital room when he allegedly sexually assaulted and raped her in an elevator. The woman had the presence of mind to attempt to record the assault with her cell phone that had been under her pillow, but she stopped taking pictures because she feared the clicking each time a photo was taken would alert the nursing assistant to her attempt to record the assault. An investigating police detective retrieved the woman’s phone and found two photos from the morning of the assault but they were entirely black. Nonetheless, a physical exam of the woman conducted by a nurse found that she sustained injuries consistent with the sexual assault that she described.
The woman’s lawsuit against the hospital alleged negligence, assault, battery, and false imprisonment.
One of the certified nursing assistant’s other alleged victims who claims that she was sexually assaulted by the man while she was recovering from seizures at the hospital in May 2008 also filed a lawsuit, which is scheduled to begin trial in May 2014.
Some people may question why the hospital should be held responsible for the criminal acts of the certified nursing assistant. Most people would understand that the hospital has a duty owed to its patients to properly screen and hire its employees in order to protect patients from unnecessary harm, and to properly supervise and monitor their employees when they are providing services to patients. It is particularly important to protect hospital patients from harm because they may be more vulnerable to physical and emotional abuse in their weakened state. When a hospital fails to remain vigilant in protecting patients under its care, it may be held liable for the foreseeable injuries and harms suffered by patients due to the hospital’s negligence.
If you or a loved one were injured as a result of a hospital’s negligent failure to protect you from foreseeable harm, you should promptly seek the legal advice of a local medical malpractice attorney in your U.S. state who may investigate the cause of your injuries for you and file a hospital malpractice claim on your behalf, if appropriate.
Click here to visit our website or call us toll free at 800-295-3959 to be connected with medical malpractice lawyers in your state who may assist you with your claim against a hospital.
Turn to us when you don’t know where to turn.