In Tennessee and all over the country, when people go into the hospital or another medical facility for treatment, they expect to be well taken care of and protected from any further harm. Unfortunately, sometimes incidents happen and can leave patients being harmed by other patients and people who may enter the facility when proper safety measures are not taken or policies for reporting incidents are not properly followed.
According to this lawsuit against HCA, a woman claims that she was sexually assaulted by a male patient who took her out of the shower while she was brushing her teeth, while in the hospital at Skyline Madison Campus, as a psychiatric patient. The lawsuit also states that the hospital failed to report the incident to police or to her family. A 2008 law requires a “certificate of good faith” from a medical expert, typically a doctor, during the first stages of a lawsuit. The HCA was successful in getting the lawsuit dismissed because no certificate was filed.
Now the case is back in court after the Tennessee Court of Appeals determined that the lower court made a mistake when it applied the rules of the Tennessee Medical Malpractice Act, claiming that the issue does not involve treatment given by a medical professional. The Appeals Judge Richard H. Dinkins stated that, “The complaint speaks of supervision that could be provided by a security guard or some other person who does not have a specialized training in medical science or the adoption of other appropriate non-medical safeguards.” The HCA acknowledged in its statements that a male patient was found hiding in the woman’s shower. The hospital has also noted that the facts are in dispute regarding the alleged assault. The woman filed her lawsuit last year seeking $3 million in damages.
Unfortunately, cases like these happen all too often to people all across the country and right here to Tennessee residents. If you or someone you love has been injured or harmed in anyway while receiving treatment at the hospital or another medical facility, then we strongly recommend that you contact one of our compassionate and experienced Tennessee personal injury attorneys immediately. We care about our clients and will make sure you get the compensation you deserve for the suffering you have been through.
Contact us online or call us at 800.705.2121 to set up a FREE consultation to discuss your legal options.