Can You Sue a Hospital Over Sexual Abuse by Medical Staff?

We go to the hospital when we are feeling at our worst, and we depend on doctors and medical staff to care for us. Unfortunately, some patients do not always get the care they need. Instead, medical staff may cause harm, including sexual abuse. If this happens, call a lawyer for help right away.

If you experienced sexual abuse at the hands of medical staff when you visited the hospital, alert hospital administrators, call the police to report the abuse, and get a lawyer as soon as possible. While the authorities investigate, your attorney can assess your damages and start gathering evidence and information to build a civil case against the person who abused you and the hospital that employed them. The sooner you contact an attorney for help, the stronger your case may be.

Call The Law Office of Andrew Shubin at (814) 826-3586 and ask our sexual abuse attorneys for a free, confidential legal evaluation to start your case.

Can Someone Sue a Hospital if Medical Staff Sexually Abused Them?

It may be possible to sue a hospital if a member of the medical staff sexually abuses you. How we prove your claims depends on how the abuse occurred and what evidence is available.

Vicarious Liability

Vicarious liability is a legal doctrine that means employers may be liable for injuries caused by negligent employees if the employees caused the injuries while in furtherance of normal job duties. In theory, this means a person could sue a hospital for injuries caused by a member of the hospital’s medical staff.

However, vicarious liability may not apply to injuries that occur outside the employee’s scope of work. Sexual abuse is a crime and not within any medical staff member’s normal job duties. However, more and more courts are finding that it may fall within the boundaries of vicarious liability.

A hospital may be held vicariously liable for sexual abuse if the abuse was reasonably foreseeable or the abuser was enabled to perpetrate the abuse using power or authority granted to them by their employer, the hospital. These are just a couple of examples of how vicarious liability may apply to sexual abuse. Whether it does in your case depends on your state’s laws.

Negligent Hiring

Our sexual abuse attorneys might also try to have the hospital held directly liable for the sexual abuse you experienced at the hands of medical staff.

A hospital may be held directly liable for negligent hiring and the injuries resulting therefrom, such as sexual abuse. As an employer, the hospital has a duty to ensure that employees are capable, fit for the job, and unlikely to harm patients.

If the hospital conducted a background check and learned that a potential new employee has a history of sexual abuse, yet the hospital hired them anyway, the hospital may be held directly liable for the sexual abuse. They can also be held liable if they failed to conduct a background check at all.

Failures in Safety Protocols

Patients in hospitals are often very vulnerable. They often must trust medical staff with their care and sometimes their physical bodies. Doctors and nurses may need to provide treatment to sensitive and private parts of a patient’s body, and hospitals must enforce safety protocols to protect patients from harm.

If the hospital did not enforce protocols or fails to even devise reasonable safety protocols to prevent sexual abuse, the hospital may be held directly liable for sexual abuse from medial staff.

What Evidence Do You Need to Sue a Hospital for Sexual Abuse?

Like any civil lawsuit, we need evidence to support your claims and get fair compensation from the hospital. Evidence varies from case to case, but below are some common examples of evidence we should consider while investigating your claims.

Medical Examinations After the Abuse

If you experience sexual abuse by medical staff, alert the hospital immediately. You should then be evaluated by another doctor, perhaps at a different hospital. Your evaluation might be uncomfortable and even a bit invasive, but it is necessary to find evidence of sexual abuse.

A medical evaluation may reveal DNA evidence or injuries that are consistent with sexual abuse. The longer you wait to seek a medical evaluation of your injuries, the harder it might be to find evidence of the abuse.

Witness Testimony

Witnesses may include other members of the hospital’s medical staff. They might have walked in on the abuse but were too afraid to say anything. If you reported the abuse to other staff members, they may testify about how they reported the abuse. Even the medical professionals who evaluated your injuries may be called to testify.

Your testimony will likely be crucial. You might be the only other person besides the abuser who was present when the abuse occurred. Your testimony about how the defendant approached you, what they did, and how you were hurt may be highly necessary.

Hospital Records

We may also need copies of certain hospital records. Records specifically about the hospital’s safety protocols, how they are enforced, and whether they were followed when you were sexually abused may be crucial.

We should also obtain records about the medical staff member who abused you to see if the hospital knew or reasonably should have known that they were dangerous.

FAQs About Suing a Hospital for Sexual Abuse by Medical Staff

Can You Sue a Hospital if Medical Staff Members Sexually Abused You?

Yes. If you are sexually abused at a hospital by members of the medical staff, you may be able to sue the hospital. The hospital may be held vicariously liable if the sexual abuse was foreseeable and should have been prevented, or if the perpetrator was able to commit the abuse by virtue of their employment with the hospital. The hospital may be directly liable if it knowingly hired a dangerous employee or failed to conduct a background check.

How Do You Begin a Lawsuit Against a Hospital for Sexual Abuse?

Begin your case by reporting the sexual abuse to the hospital and the police right away. Next, hire an experienced lawyer to investigate the case, gather evidence, and assess your damages. Your attorney may then draft and file a formal legal complaint against the abuser and the hospital they worked for. It may take months or longer to prepare the case, so it is best to contact a lawyer as soon as possible.

What Evidence Do You Need to Sue a Hospital for Sexual Abuse?

Evidence will vary from case to case, but evidence commonly includes witness testimony, medical evaluation, your testimony, and hospital records. Again, this evidence may differ for your specific situation.

How Do You Know if You Were Sexually Abused by Medical Staff While Unconscious or Under Anesthesia?

It can be hard to know whether sexual abuse occurred, especially if a medical treatment requires a patient to undress or involves private, intimate parts of the patient’s body. In rare cases, sexual abuse of coma patients also occurs.

If you are unsure, report what you believe happened to the hospital. The hospital may conduct an internal investigation to determine if abuse occurred. If you believe the hospital did not investigate properly, your attorney and the police may get involved.

What Damages Can You Claim in a Sexual Abuse Lawsuit Against a Hospital?

Damages often include medical costs for treatment of injuries sustained during sexual abuse and significant damages for pain, suffering, and distress. Your specific damages will depend on how the abuse happened, how you were injured, and the overall effect the abuse has on your life.

Talk to Our Sexual Abuse Lawyers About Your Claims Right Away

Call The Law Office of Andrew Shubin at (814) 826-3586 and ask our sexual abuse attorneys for a free, confidential legal evaluation to start your case.