Can a Hospital Be Sued for Sexual Abuse?
Yes. A hospital or healthcare system can be sued for sexual abuse when its actions or failures contributed to, concealed, or enabled the abuse. Pursuing a lawsuit against the institution can give survivors another avenue to seek compensation and accountability for the harm they experienced.
At Andreozzi + Foote, our healthcare sexual abuse lawyers have decades of experience standing with survivors and holding large institutions accountable on their behalf. We offer free, confidential consultations so you can explore your legal options and choose the path that feels right for you.
Key Takeaways:
- A hospital or health system may be held legally responsible for sexual abuse in certain circumstances.
- Negligent hiring or supervision, negligent credentialing, and failures to protect patients are among the legal theories that may support a claim against a hospital.
- A sexual abuse attorney can handle the claim process for survivors, including gathering evidence and handling negotiations.
- Holding a hospital accountable can address institutional failures that go beyond the actions of the individual who committed the abuse.
Can a Hospital Be Legally Responsible for Sexual Abuse?
Yes. In some cases, a hospital or health system can be liable for sexual abuse committed by a doctor, nurse, technician, other staff member, or another patient.
Thus, survivors may have legal options beyond pursuing justice against the abuser. While the abuser may be charged with a crime or be held liable through a civil lawsuit, the hospital or health system may also be responsible for failing to prevent the abuse. A civil claim against the hospital examines whether the institution’s negligence, carelessness, or recklessness allowed the abuse to occur or continue.
Hospitals and health systems have a duty to prevent abuse. Depending on the circumstances, a hospital may be liable for inadequate hiring, supervision, or credentialing practices or failing to respond to concerns it knew or reasonably should have known about. In a lawsuit against the institution, survivors can recover compensation for the harm they suffered, allowing them to access additional resources to assist their recovery. In addition, a lawsuit may spur the institution to implement stronger protections to prevent future abuse.
How Can a Hospital Be Held Liable for Sexual Abuse?
In a sexual abuse lawsuit, a hospital can be held responsible for the actions of its employees and directly liable for its own failures that enable or contribute to the harm. Although specific rules may vary by state, common theories of liability include the following:
Negligent Hiring, Supervision, and Retention
A hospital may face liability if it fails to properly screen, supervise, or remove a provider or employee it knew or reasonably should have known posed a risk to patients.
Negligent Credentialing
A hospital may be liable for failing to properly vet a healthcare professional before allowing that doctor to treat patients. This review should look into the doctor’s qualifications, professional history, and other information relevant to patient safety.
Vicarious Liability
A hospital may be responsible for the actions its employees perform within the scope of their roles. However, this can become more complicated when the physician is an independent contractor rather than a hospital employee.
Corporate Negligence and Failure to Protect Patients
A hospital may be liable for failing to implement reasonably appropriate policies and oversight to protect patients and others. This can include failing to address known safety concerns or maintain procedures for reporting and responding to suspected abuse.
What Must Be Proven in a Hospital Sexual Abuse Case?
A victim generally must establish that the hospital knew or should have known about a risk of sexual abuse and failed to take reasonable steps to address that risk, contributing to or enabling the harm.
Relevant evidence may include the following:
- Personnel records and performance evaluations
- Disciplinary or corrective-action records
- Internal investigations into prior misconduct
- Prior patient and staff complaints
- Police and incident reports
- Internal communications
- Hospital policies and procedures
Survivors do not need to have all the evidence before contacting an attorney. The hospital likely has many relevant records that survivors would have difficulty obtaining on their own. Attorneys can identify the available sources of evidence and gather them on the survivor’s behalf.
How Common Is Sexual Abuse in Healthcare Settings?
Sexual abuse in healthcare settings is likely more common than reported. A 2022 report published in the National Library of Medicine found that sexual abuse by physicians remains a persistent problem, with estimates suggesting that only 5% to 10% of victims report the abuse.
There are many reasons patients may choose not to report abuse or may take time before coming forward. Patients often place significant trust in their healthcare providers, which can make it difficult to recognize when a provider has crossed a boundary. A patient may also fear that others will not believe them or worry about how reporting the abuse could affect their medical care. In some cases, it may take years for a survivor to understand what happened and recognize it as abuse.
Our Notable Results in Healthcare Sexual Abuse Cases
How a Hospital Sexual Abuse Lawyer Can Help
A hospital sexual abuse lawyer can take on the legal work involved in pursuing a claim while helping you understand what to expect at each stage. Our firm has spent decades representing survivors in sexual abuse cases and understands the legal challenges that may affect a claim, including state-specific deadlines and institutional immunity.
Our trauma-informed representation includes the following services:
- A free, no obligation consultation to explain your rights and legal options for seeking compensation
- Examining the hospital’s records for prior complaints, warnings, or other relevant information
- Preserving evidence that may show what hospital administrators or staff knew
- Pursuing records and information that may not be easily available to you
- Identifying all potential claims against the hospital or health system
- Taking steps to protect your privacy throughout the process
- Advocating for you in settlement discussions and taking your case to trial when appropriate
Talk to a Health Care Sexual Abuse Lawyer About Your Case
If you were sexually abused at a hospital or healthcare facility, you have rights and legal options. Contact the attorneys at Andreozzi + Foote for a confidential, no-obligation consultation. Our attorneys are committed to helping survivors pursue accountability and meaningful case results.
Contact us online or call (866) 311-8640 today to take the first step toward justice.