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Chicago Hospital Sex Abuse Lawyer
Should You Hire a Chicago Hospital Sex Abuse Attorney?
A Chicago hospital sex abuse lawyer helps sexual assault survivors seek justice from doctors, nurses, and hospitals who fail to prevent abuse. We will thoroughly investigate your case, gather strong evidence, and negotiate with the relevant parties to ensure you receive a fair settlement. Contact our compassionate and trauma-informed attorneys today for a free initial consultation.
Verdicts and Settlements from Our Law Firm in Chicago
- $6,350,000 for a victim who was sexually abused due to negligent security.
- $3,000,000 for a woman repeatedly sexually assaulted by her OB-GYN.
- $810,000 for sexual assault of a dementia patient by a maintenance worker.
Patient Vulnerability in Healthcare Environments
Hospital patients and nursing home residents are particularly vulnerable targets for sexual abuse. They may be sedated or immobilized, making it hard for them to fight back. Hospital rooms can be isolated, and the patient may not have friends or family members there to advocate for them.
Additionally, many hospital patients are disabled. Statistics show that people with disabilities are sexually assaulted at a rate seven times higher than the general population. Factors like cognitive impairment, limited mobility, and fear can make them more vulnerable to victimization.
Who Commits These Acts?
Sexual abuse can happen to anyone, and perpetrators may hold many positions of trust in a hospital system. Potential perpetrators include:
- Doctors
- Nurses
- Technicians
- Nurse’s aides
- Administrative staff
- Volunteers
- Other patients
- Maintenance workers
- Outside visitors
Types of Sexual Abuse and Assault That Can Occur
Sexual misconduct takes many forms. Some of these include:
- Inappropriate Touching: In California, Barry Brock sexually abused hundreds of his patients by digitally penetrating them during gynecological exams.
- Groping and Fondling: This can include unnecessary exams or grabbing a patient without their consent.
- Rape: Illinois defines criminal sexual assault as forced sexual penetration or sexual conduct, irrespective of gender.
- Assault While Incapacitated: Sexual assault may occur when the patient is under sedation, on tranquilizers, or otherwise unable to resist.
- Coercion: Authority figures like doctors or nurses may withhold treatment unless they receive sexual favors.
- Sexual Harassment: Inappropriate sexual comments may be directed at patients or other staff members.
The Hospital’s Legal Duty to Ensure Patient Safety in Illinois
The Health Care Workplace Violence Prevention Act further states that “Patients, visitors, and health care employees should be assured a reasonably safe and secure environment in a health care workplace”.
The Illinois Medical Patient Rights Act clarifies that in the case of unconscious or sedated patients, any and all examinations must be related only to their current treatment needs.
Additionally, all instances of violence in a hospital, including sexual assault, must be recorded by the hospital. These include dates, times, involved parties, extent of injuries, and what actions the hospital took to protect the victim.
Chicago hospitals are required to safeguard a victim’s private information, accompany them when speaking with police, and notify the Department of Health. If they fail to do this, such as if a staff member is the perpetrator, then they are negligent.
When Can a Chicago Hospital Be Held Liable?
Unfortunately, many hospitals are failing sexual abuse victims and refusing to uphold the law, including discarding evidence and refusing to inform them of their rights. In addition to being held responsible for ignoring the law, they can be liable for actions that contributed to the potential for abuse.
Negligent Hiring and Retention: If a hospital fails to conduct a background check or ignores complaints about a particular employee, it can be held liable.
Negligent Supervision: Issues like a lack of proper oversight and inadequate monitoring of potentially dangerous patients can contribute to sexual assault.
Inadequate Security: Hospitals should have good lighting, surveillance systems, security personnel, strict visitor policies, and functioning locks. When they fail to do so, this can be grounds for a lawsuit.
Failure to Enforce Safety Policies: Illinois law is strict regarding patient safety, and hospitals that fail to uphold these laws can be held liable.
Individual Perpetrator Liability vs. Institutional Liability
An individual perpetrator may be subject to a criminal case and a civil lawsuit. However, our sexual abuse attorneys can also hold the hospital accountable if negligence contributed to the sexual assault.
Your Legal Rights as a Survivor of Hospital Sexual Assault
Sexual assault victims are protected under the law. You have the right to report a crime and to receive medical care. Under the Sexual Assault Survivors Emergency Treatment Act (SASETA), you do not have to pay for a Sexual Assault Nurse Examiner (SANE) exam, emergency contraception, or prophylactics.
Chicago hospitals are not allowed to publish your name after you report a sexual assault, and they must ensure your safety while you are in the hospital (§4-6-170). You also have the right to pursue a civil case for damages.
Critical Steps to Take After an Assault in a Medical Facility
After a sexual assault, your safety should be the primary focus. Get to a safe place before following these steps.
Reporting the Incident: Hospital, Police, and Licensing Boards
It’s essential to report through multiple channels, as this provides strong legal evidence. Inform the hospital administration to create an internal record, and then contact the Chicago Police Department to initiate a criminal investigation.
If the perpetrator is a medical professional, you can contact the Illinois Department of Financial and Professional Regulation so that the state licensing board can conduct an investigation.
Seeking Medical Care and Preserving Evidence (SANE Exam)
You should seek medical care both for physical injuries and to collect evidence. A Sexual Assault Nurse Examiner (SANE) exam collects crucial forensic evidence that can later be used in a criminal investigation if you choose to report. Generally, the SANE nurse will take the clothing you wore during the assault as evidence, including underwear and bras.
Filing Civil Lawsuits Against Perpetrators and/or Hospitals
In addition to a criminal case, you can take legal action through a civil suit, which focuses on getting damages for your injuries. This is separate from any criminal investigation and has a lower burden of proof.
Proving Hospital Negligence Contributed to the Assault
Our sexual assault lawyers must prove the hospital’s specific failures that contributed to your injuries. For example, we might demonstrate that the hospital hired a known sexual predator and did not supervise them, which was directly linked to the sexual assault.
Gathering Evidence: Medical Records, Witness Statements, Facility Records
Evidence we can use includes:
- Victim testimony
- Medical records
- SANE exams
- Therapy records
- Hospital incident reports
- Security footage
- Witness testimony from other staff or patients
- Hospital policies
- Personnel records, obtained through discovery
Seeking Financial Compensation for Survivors
By taking civil legal action, you can receive damages that compensate you for the severe trauma you have suffered. Conditions like Post-Traumatic Stress Disorder (PTSD) can make it difficult to hold down a job, while a new fear of healthcare systems may lead to worsening health conditions. We will ensure you receive fair compensation for these harms.
Damages for Therapy, Trauma, Pain, and Suffering
Damages you may receive include:
- Past and future therapy
- Medical bills
- Pain and suffering
- Emotional distress
- Mental anguish
- Loss of enjoyment of life
In some cases, the jury may also award punitive damages for severe sexual abuse.
Illinois Statute of Limitations for Filing Your Claim
The personal injury statute of limitations in Illinois is typically two years. However, there are extended deadlines for minors, who can file suit up to 20 years after they turn 18 or five years after they discovered the abuse. Regardless of the time limits, contact us immediately so that we can preserve essential evidence and interview witnesses.
Why Specialized Legal Representation is Crucial
Case law continues to evolve regarding a hospital’s responsibility to sexual abuse survivors. Illinois Supreme Court cases like Helfers-Beitz v. Degelman demonstrate how hospitals may avoid responsibility by claiming that the sexual assault happened outside of the course of employment, even if it occurred during an office visit.
We are highly familiar with this case law and hospital liability standards, allowing us to navigate institutional defenses, negotiate with insurance companies, and skillfully apply the evidence. We are committed to protecting your privacy throughout the process, ensuring you can share your story with confidence.
How Our Law Firm Fights for Hospital Assault Survivors
We take a compassionate yet tenacious approach to representing sexual abuse survivors. Your safety and comfort are our top priority as we work to hold all liable parties accountable for their negligence.
With our team, you can expect comprehensive legal support from caring professionals who are committed to your well-being. We will connect you to resources, such as the Chicago Alliance Against Sexual Exploitation (CAASE), that can offer you invaluable guidance.
Additionally, everything you share with us is confidential. This provides our clients with the confidence to share their story while knowing they are protected from further harm.
Frequently Asked Questions About Chicago Hospital Sexual Assault Lawsuits
Can the Hospital Be Held Liable if Another Patient, Not a Staff Member, Committed the Sexual Assault?
Yes, the hospital can still be liable if another patient sexually assaulted you. They are required to ensure the safety of everyone in the hospital, and if they fail to do so, they can be held responsible.
Is It Still Possible to File a Civil Lawsuit if I Didn’t Report the Sexual Abuse and Assault to the Police Immediately?
Yes, you can still pursue a civil sexual abuse case even if you did not press criminal charges. Civil courts and criminal courts are separate systems, and we understand that victims of sexual abuse are not always comfortable coming forward.
How Much Financial Compensation Can Typically Be Recovered in These Types of Cases?
Every sexual assault settlement is different, and there is no guaranteed amount. Factors that influence your case include the nature of the assault, any injuries you received, and the hospital’s liability.
Will Details of My Case Become Public if I Sue the Hospital?
A sexual abuse attorney from our firm can petition the courts to protect your identity, making it possible to sue without revealing your personal information to the public. Your case will be listed as “Jane Doe” or “John Doe” for your privacy.
Consult a Chicago Hospital Sexual Abuse Attorney Near You!
Hospital sexual abuse is both traumatizing and challenging to overcome. With Rosenfeld Injury Lawyers, you have a nationally recognized team of legal professionals by your side every step of the way.
We have a 98% success rate and have recovered over $450 million across 5,000 different cases. Our personal injury team works on a contingency fee basis, meaning you owe us nothing unless we secure compensation for you.
To schedule a free consultation, call us at (888) 424-5757 or use our online contact form.
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I never expected to have such an involved attorney as I did here at this firm. I was a part of an accident and with the help of Mr. Rosenfeld, I got the settlement that really set me up with a better future. Truly one of the best in the business.
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All content undergoes thorough legal review by experienced attorneys, including Jonathan Rosenfeld. With 25 years of experience in personal injury law and over 100 years of combined legal expertise within our team, we ensure that every article is legally accurate, compliant, and reflects current legal standards.