What rights do we have? Is it too late?

Question

In Oct. of 2005 I was admitted into the hospital for stomach pain. The hospital said my fiance was allowed to stay with me as we were about 3 hours from home (on a business trip). There was a 72yr old man staying on the other side of the curtain. Anyways, one night the people from MRI came to get me at about 3:30 am for an MRI. I returned to the room to find my fiance in tears curled up on my bed. She told me the old man had groped her sleep. She woke up to him with his hands in her PJ's. I freaked out, screamed at the man, called the local PD and filed complaints with the hospital. We said we wanted to press charges and have NEVER heard from the PD since. I have called them and never got any return calls. The old man admitted to his wrong doing as well. The following day the hospital realease me and was VERY mean. the following month I had emergency surgery to fix what they missed. What can be done? The hospital admitted to knowing the old man was a perv, as he grabbed at nurses.

A hospital supervisor said my fiance never should have been there, but yet we were told she could stay. She was there the previous 2 nights! Nurses came forward to say the hospital knew this guy was a molestor. They basically kicked me out after I called the police. It has just come to my attention that my fiance is having trouble with what happened. She's have dreams about it and gets sick over it. The hospital did nothing, except neglect my medical concerns after that moment! Can anything be done for this hospital's negligence?

The first answer is absolutely BS! We went to the hospital about this problem before the police. We had permission from the hospital for her to stay with me and they put us in a room knowing a pervert was staying there. I DON'T remind my fiance of this, she reminds me about it. The guy admitted to it. To even think about question my fiance saying "if it did really happen" is a personal attack that I won't stand for! How do you question if it happened or to call my fiance a liar! I suggest you get your head out of your *** and join the real world. I wonder how you would respond if it was your fiance or loved one. Perhaps you come from a ethnic background that doesn't care about women. By the looks of your avatar and SN I am guessing that's the issue. Here in America, we respect and value women. Go back to where ever it is you come from, jack-a$$

Answer 1

The hospital's insurance company will repond very quickly to a lawsuit. There's really nothing else you can do unless in your state it is possible for you to file your own criminal case against the man. (In New York, for example, you could file a misdemeanor complaint. This is VERY effective. So long as you don't get your facs wrong and open yourself up to a civil suit.)

Answer 2

First off...the guy who answered first has NO FRICKN CLUE!

In Michigan that would be considered a CSC (Criminal Sexual Conduct) 4th Degree which is a Felony! Do you know who you talked to at the police department? You could likely call and talk to the supervisor for that officer and get some assistance with lighting a fire under his a**. If it is a large city that you live in that could also be a problem. As far as sexual assault goes, the fondling for sexual gratification is a low level CSC and obviously the homicides and forcible sexual batteries will take precedent over your case. The media is not a bad idea either. Just make sure THAT is a last resort.

As for the hospital being responsible? I don't know about that one. I know if you sued them in civil court that the burden of proof is 51% If you can prove that the hospital knew he was a danger...MAYBE you would win in a lawsuit. Don't hold your breath though. Also remember that hopitals have a lot deeper pockets than you.

Answer 3

Believe it or not, if your fiance had permission to be in the bedroom, and they knew he was a perv, they (the hospital) has to take responsibility for the safety of the patients and visitors, just like a landlord of a multiple dwelling building. Contrary to what the first responder said. You CAN sue McD's if you are assaulted there while waiting to buy, while eating or leaving... because there's an expectation of security implied! Call a bona fide, state licensed and experienced attorney and find out what your rights are.

Would you have entered the hospital (or McD's for that matter) if you felt you were not safe? Also, the fine print? Well, that is called signing under duress because you might not have been attended to unless you signed that piece of paper! So... see an attorney.

I once responded to a question someone made regarding wines, and one guy said, "I should know, I worked in a restaurant..." and I responded, "Yes, you worked in a restaurant but what would you know about wine when your job at the restaurant was washing dishes?" Don't ask a butcher to resond to medical questions, and don't ask a divorce lawyer to defend you in a criminal matter... Understand what I mean?

Answer 4

Call your local press!!! Get the story out there. Call an attorney. Sue the hospital and sue the city for not doing anything about it. Your fiance may have to file suit on the city because she was the one assaulted. You file the suit on the hosptial because you were the one whose health was put at risk because of the discharge and their screw up!

As for charges against the guy, contrary to what that wacko said before me, sexual assault is sexual assault whether there is just fondling or penetration, it is still a FELONY!!! Have your fiance call your local women's crisis center. They can help her put pressure on the police department where this took place. That is as long as you are in the US

Good luck!!!

Answer 5

First....since it wasn't rape and not fondling of a minor.....nothing the police can do as they didn't whitness a crime and its such a low misdemeanor crime its not worth their time nor the courts. All it would be is a "he said she said" and most judges toss those out or claim both sides winners. They don't want to listen to someone bickering. And even if the old man said he did do it in court....being old, not a violation against a minor, etc....then at most the judge would charge him with like a $100 fine.

Next, the hospital is not responsible for this old man nor liable for his actions in any way. That would be like saying you walked into a McDonalds and a fellow customer hit you....you can't sue McDonalds...what did they do?

The reason they were mean to you was you didn't contact them or let them handle it. You called the police on such a act that others knew that nothing could be done. It sounds bad but you made a mountain out of a mole hill and no one likes that. Plus calling the police gave the news media an option to come and cover a story that was nothing, giving bad publicity to the hospital.

And sure it was nice that your gf stayed with you....but she stayed at "her own risk". Its not the hospitals job to feed her, bath her, look out after her, nothing. If it got into courts, trust me, hospitals do have policies on no on there after certain hours and they would say you violated those rules. And since you signed papers when you entered the hospital, the fine print referrs to all the fine print rules...meaning you'd have no leg to stand on.

Best bet is get over it, to continue to stand around, screaming about it is just dragging it out for her. She needs to heal and she can only do that when you shut up bout it all an stop reminding her that it happened, if it did. You didn't witness it so even you cannot be 100% sure no matter how bad you want to be 100%.

If she has issues with it, then she needs to seek a counsler, alone. You are not part of the issue as you were not there so you don't need to be in the solution as this will only complicate things for her.

Answer 6

You have an excellent basis for a civil (personal injury) action. Write it up in affidavit form and submit it to a large number of contingency attornys. Include as defendants the city PD, the hospital, individuals within the hospital, and the old perv himself. His identity and address can be obtained by subpoena.

That should get their attention.

Answer 7

simply by judging the hospitals actions, they are liable for

Answer 8

THE HOSPITAL IS in fear of a LAW suit. SUE THEM.