23 hours ago · Many victims of sexual assaults in hospitals or rehabilitation facilities, for example, do not even remember or learn of the assault until much later, because of their impaired … >> Go To The Portal
The healthcare industry has a long-standing history of ignoring complaints of sexual assault, rationalizing patient complaints, and failing to act to prevent additional assaults. This failure is an explicit dereliction of the duty and responsibility of hospital executives to first and foremost create a safe environment and assure patient safety.
Hospitals often respond to allegations of sexual abuse by denying and rationalizing patient complaints of sexual assault.
We've received your submission. A Connecticut man on parole sexually assaulted a female patient at a hospital while she was sedated, police said.
Elderly patients may also be suffering from dementia or other altered mental-state conditions and are particularly vulnerable. As a result, when sexual assaults occur, victims in hospitals are even more vulnerable than victims in other circumstances.
Hospitals rarely report allegations to law enforcement because patients rarely are believed. Bedside caregivers usually report patient complaints to a nursing supervisor, who assumes that the patient was dreaming or hallucinating because of the effect of medication. Typically, the supervisor who interviews the patient has been given no investigative training by the hospital. The Human Resources representative who interviews the accused staff member rarely has any training for investigating a complaint of assault. All too often the patient complaint is considered “resolved” and no further action is taken. A report of the complaint and resolution may be placed in the employee’s personnel file. When another complaint about the same employee is made at a later date there may be a new supervisor who has no knowledge of the initial complaint. At that point the interview and resolution begins again; thus, a serial predator has been created as a result of hospital negligence.
Hospitals often respond to allegations of sexual abuse by denying and rationalizing patient complaints of sexual assault. Patient complaints of abuse often are dismissed as hallucinatory post-anesthesia or medication-induced events, or the patient’s misinterpretation of routine patient care because nursing staff hasn’t adequately explained to the patient what is or will be occurring in the caregiving process.
When hospitals fail to limit access to patient rooms, and nursing staff fail to challenge and oversee visitors, this failure creates an opportunity for outside predators to assault vulnerable patients. Policies and procedures should include sign-in sheets and stick-on name badges for visitors, specifically noting the room number and the name of the patient the visitor is authorized to visit. Limiting access to nursing units in this manner, and requiring nursing staff to respectfully engage every person who enters the unit, by acknowledging their presence and verifying their destination, demonstrates a sense of priority to maximizing patient privacy and protection.
Licensed staff, as well as supervisors and administrators working in hospitals , are considered “mandated reporters” under the California Elder Abuse and Dependent Adult Civil Protection Act. When a mandated reporter has observed or has knowledge of an incident that reasonably appears to be abuse, the incident must be reported to the Department of Health. However, hospital policies often conflict with this requirement, and instead direct that allegations of sexual assaults be handled through the hospital incident-reporting mechanism. Because an allegation of sexual assault is an allegation of a crime, hospitals should establish policies to ensure that there is timely involvement of law enforcement so that allegations can be professionally investigated. The alleged perpetrator must be placed on suspension and isolated from all patient interaction until the investigation is complete.
A climate that encourages sexual assaults is created when nurses and nursing supervisors do not fully understand their reporting responsibilities when receiving a complaint alleging sexual assault. Elements of discovery in sexual-abuse cases. The perpetrator’s employment application;
When this fact pattern is demonstrated, the hospital is exposed to punitive damages because hospital leaders knew or should have known of the prior instances had they been properly investigated.
The default priority of hospital administrators and senior staff is to protect the reputation of the facility, which may shield the predator, effectively enabling serial predators to continue to abuse patients, even when multiple complaints are received by administrators and senior staff. Continuity of concern regarding an individual predator is often disrupted when supervisors change jobs, leave the facility, produce poor documentation or fail to review prior complaints, while the predator remains in place. In these circumstances new supervisors, when faced with a complaint of sexual assault, absent specific staff records to the contrary and having no historical context or knowledge of previous complaints, presume that the alleged predator has a clean record and will give the employee the benefit of the doubt.
She told the patient that he was so far out of line. He was shocked that she was so rattled and tried to justify it by saying that it was a compliment. Celia left his room immediately.
If a patient’s behavior…is making you uncomfortable or causing you to feel unsafe, leave the situation immediately. Your personal safety and well-being are the most important. Federal laws on sexual harassment apply regardless of whether the harassment is taking place at a hospital or a doctor’s office.”.
According to Trista Long, RN, DNP, MBA, ON-C, a nurse manager for an inpatient med/surg unit with Blessing Health System, it is easy, most times, for nurses to differentiate between behavior that is appropriate or inappropriate. “The first sign of inappropriate behavior is when patient’s actions or conversation makes the nurse uncomfortable. Patients who are making inappropriate comments will first ‘test the waters’ by making inappropriate jokes or mild comments to gauge the nurse’s response. If the nurse dismisses the comment, the patient will likely continue with the inappropriate conversation or actions.”
No matter the gender of the nurse who experiences it, sexual harassment is wrong. That said, how do you decide if what a patient is doing or saying is sexual harassment?
Probably not. But if a nurse is helping a patient into bed, that patient may need assistance stabilizing himself/herself and may rest his or her hand on the nurse in a way that would otherwise not be necessary.”. She adds, “Sexual harassment is basically a step down from sexual assault.
Long says that harassment, whether physical or verbal, has been perceived in health care as “part of the job.” But it’s not and never should be seen as such. “It is never acceptable to be harassed by anyone at any time. Nurses are an integral part of the health care team and should command the same respect as every other profession,” says Long. “Unfortunately, nurses have been depicted in a sexual manner for ages and that has demeaned the profession. Being a nurse does not negate my rights as a human being to not be verbally or physically assaulted.”
Ornsby says that each work environment, ideally, should have some kind of policy with regard to sexual harassment. “Nurses should make note of these policies and earmark them for future reference,” she says. “If the policy does not specify to whom to report the incidents—ask. If a patient’s behavior…is making you uncomfortable or causing you to feel unsafe, leave the situation immediately. Your personal safety and well-being are the most important. Federal laws on sexual harassment apply regardless of whether the harassment is taking place at a hospital or a doctor’s office.”
Hospitals, health care providers, and other medical facilities have a legal responsibility to protect the health, safety, and well-being of their patients and must ensure that all precautions are taken to prevent assaults by doctors, nurses, staff, other patients, and visitors.
Any testimony or en dorsement on this website does not constitute a guarantee, or prediction regarding the outcome of your legal matter.
Sexual assault is a serious criminal matter. The preparator—whether a doctor, nurse, or other party—faces criminal prosecution and civil liability for causing injuries. Suing criminals is largely a futile exercise. It is only when a health facility sets the stage for wrongful acts that a survivor can collect for their suffering.
If you have been sexually assaulted in a hospital, call the police, not hospital management. Remember Larry Nassar, the so-called “ doctor ” to the US gymnastics team who abused over a hundred young women? If every one of those victims had called the police and filed a lawsuit rather than simply try to deal with “the administration,” Dr. Nassar would have been stopped years ago.
Lessons we have learned: Victims of sexual assault are literally in shock after the attack. Many victims are ashamed. They somehow blame themselves for what happened. They assume no one will believe them. They may want to wait weeks, months, or even years before reporting the assault. This is not unusual.
The unthinkable happens more often than many people realize. As a firm, we have handled several of these cases over the years.
Avoid adding additional trauma to the situation by carefully monitoring your tone and actions, and avoid anything that may be construed as victim blaming—holding the victim responsible for the assault. Obtain a thorough history, including asking about sexual trauma. Remember to listen to, advocate for, and respect your patient.
The nurses caring for sexual assault patients should carefully document such behavior because juries may lack an understanding of the complexities of victim response. In a setting where nurses are busy, adhering to protocols and efficiently performing tasks may be a priority.
For those patients whose assault occurred in the past, even distantly in the past, performing medical procedures while giving the patient control may avoid stimulating triggers.
Of supreme importance is empowering the patient to regain some sense of control. This is accomplished by assisting patients in regaining control of their bodies. Establishing a trusting relationship is always a vital step in the nurse-patient relationship and it's no different with victims of sexual assault.
Provide care while giving patients control of their bodies, which is vital to the recovery process. Use compassion and confidence to color your interactions and avoid inflicting additional harm. Be aware that drug-facilitated sexual assault is a growing problem and know the signs and symptoms of this assault component.
The ED is the most probable environment in which you'll encounter sexual assault patients who often present for a forensic exam (rape kit) accompanied by a victim advocate (someone trained to support the victim during the postassault process).
Most victim advocates are nonmedical personnel. Their duties include support for the victim and assistance with accessing resources, such as counseling and legal services. Sometimes they're accompanied by law enforcement; however, reporting of all sexual assault isn't a mandatory requirement.
Patients rely on their doctor to for their physical well-being. They are well respected in the community. Many victims are afraid to come forward. How did Larry Nassar molest a reported 200 plus victims before getting caught? It’s because most victims don’t report abuse by a trusted doctor.
The court reduced the charges because Saad didn’t have a long term relationship with any of the alleged victims. Prosecutors appealed but lost again before a state appeals court which ruled,
When doctors graduate from med school, they take the Hippocratic oath. One of the main promises of that oath is “Do no harm.” No patient should ever experience any form of sexual abuse or sexual impropriety by a physician.
Should a doctor lose his or her license for one inappropriate comment? Probably not but doctors who fondle patients or sexually molest patients shouldn’t get a second chance either. When doctors abuse their position of trust with a patient the only response can be permanent loss of one’s license to practice medicine.
When you examine the disciplinary records from state boards of medicine, doctors are rarely punished for sexually abusing their patients. The numbers suggest the medical profession has few problems with predatory doctors. Patients often tell a very different story, however.
Only since Larry Nassar was accused of sexually abusing hundreds of his patients did this dark corner of medicine start to get the attention it deserves.
A 2017 study found that doctors that engage in sexual misconduct usually have done so numerous times. By the time a patient does come forward there have probably been other victims.