Hospitals can be sued when their employees commit a sexual assault. In order to show that a hospital is liable, a plaintiff will need to show that the employee posed a risk of danger to others, and the hospital knew about the employee’s dangerous proclivities. One example of this is when an employee had a prior conviction that could have been discovered by a properly conducted background search and the hospital either did not run the background search or hired the employee in spite of the prior conviction, then the hospital could be liable for any injuries caused by that employee’s sexual assault of a patient or other employee.
Hospitals can also be sued if a patient commits a sexual assault. Again, a plaintiff will need to show that the patient posed a risk of danger to others, and the hospital knew about the patient’s dangerous proclivities. One example of this would be if someone was in the hospital because he or she was injured while attempting a sexual assault. If the hospital knows how the patient received the injury, and that patient assaults another patient or employee, then the hospital can be held liable for that assault.
Finally, a hospital can also be held liable if its policies or security provisions contribute to the sexual assault. If the policies or security provisions contributed to a prior assault, the hospital can be held liable if a change in policies or a change in security provisions after the initial assault, such as having a security guard patrol the hallways more often, would have prevented the second assault. Andreozzi + Foote has represented survivors of sexual abuse in hospitals from across Pennsylvania. If you or someone you know has fallen victim to sexual abuse or sexual assault in a hospital setting and might need a lawyer or simply want some legal guidance do not hesitate to call our office. We do not charge for phone consultations, and even if we cannot be of assistance we will do everything we can to help point you in the right direction.