Key Takeaways
- Suffolk County Police say a patient at Surge Rehabilitation and Nursing in Middle Island, New York, reported that a nursing assistant inappropriately touched her on September 3 and 4, 2026.
- Kevin Lopez-Diaz faces two counts of forcible touching and one count of first-degree endangering the welfare of an incompetent or physically disabled person.
- Survivors of health care sexual abuse and their families may have civil legal options if a facility was negligent.
Kevin Lopez-Diaz Arrested
A certified nursing assistant at Surge Rehabilitation and Nursing in Middle Island, New York, has been charged after a disabled patient reported that he inappropriately touched her on two occasions.
According to Suffolk County Police, the alleged incidents occurred on September 3 and 4, 2026.
“Another certified nursing assistant was notified of the incidents by the patient and called 911.The patient, a 32-year-old woman, was transported to Stony Brook University Hospital on September 5 for an evaluation.” (Suffolk PD)
Police arrested Kevin Lopez-Diaz, 23, at the facility on September 19 at around 3:20p.m. He faces one count of first-degree endangering the welfare of a physically disabled person and two counts of forcible touching.
He pleaded not guilty at his September 20 arraignment and was released. According to News 12, “A judge issued a temporary order of protection for the patient.”
Anyone who may have been harmed by Lopez-Diaz can contact Suffolk County Police Sixth Squad detectives at 631-854-8652.
Surge Rehabilitation and Nursing Responds
A spokesperson for Surge told News 12 that “Lopez-Diaz was immediately suspended from all duties after the allegations were reported. The spokesperson said he continued reporting to work while police conducted their investigation…”Surge has zero tolerance for any conduct that threatens the safety, dignity, health, or well-being of the people entrusted to our care.’”
The spokesperson said Lopez-Diaz was fired after his arrest.
Could Surge Rehabilitation and Nursing Be Held Liable?
The criminal proceedings against Lopez-Diaz will determine whether he is found guilty of the pending charges.
A civil investigation, however, may examine whether Surge Rehabilitation and Nursing or other responsible entities took reasonable steps to protect patients from foreseeable harm.
A civil investigation may examine:
- Whether the facility conducted appropriate background checks and supervised staff who provided personal care;
- Whether employees were trained to recognize and report suspected abuse;
- How the facility responded to the patient’s report
- Whether there were earlier complaints or warning signs regarding Lopez-Diaz
Whether an institution can be held civilly liable depends on the unique facts and evidence developed during the civil investigation.
Civil lawsuits can help survivors and their families seek compensation for therapy and other needs while holding institutions accountable and encouraging stronger safeguards for future patients.
Legal Help for Survivors of Healthcare Sexual Abuse
Families place tremendous trust in healthcare institutions to provide safe, compassionate care for loved ones who may be unable to care for or protect themselves.
When that trust is violated through sexual abuse, the emotional and psychological consequences can be devastating for survivors and their families.
Andreozzi + Foote represents survivors of institutional sexual abuse in New York and across the county.
If you or someone you love was harmed by Kevin Lopez-Diaz or another employee of a rehabilitation or care facility, you are not alone.
Our compassionate attorneys are here to answer your questions and help you understand your rights.
You deserve to be heard. We are ready to listen.
All consultations are free and completely confidential.
Contact us today.
Image: Kevin Lopez-Diaz, Nassau County Police Department, via Patch. Surge Rehabilitation and Nursing in Middle Island, New York, © Google, Google Maps.
