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twitterWoman sues hospital over alleged assault while in ‘coma-like state’
Wednesday, Sept. 23, 2009 | 2:05 a.m.
MountainView Hospital
A Las Vegas-area woman has sued MountainView Hospital, charging nurses negligently let a man enter her room and that the man then raped her.
The woman filed suit Thursday in Clark County District Court against MountainView, part of Nashville-based HCA Inc.'s Sunrise Health System. Also named as a defendant is a man the woman claims attacked her.
Because the woman says she is a victim of sexual assault, the Sun is not naming her. And because criminal charges have not been filed against the man in connection with the alleged incident, the Sun is not naming him.
The lawsuit says that in September 2007, the woman was hospitalized for treatment of multiple sclerosis and that she was semi-conscious and asleep when her daughter, who had been with her, left for the evening.
At about 1:30 a.m. on the morning in question, the defendant man represented to nurses that he was the patient's brother and had come from California to see her, the lawsuit says.
The nurses allowed him to enter and then did not check on the patient while the man was with her, the suit charges.
It says the man "entered the patient's room and closed the door, removed her clothes, sexually groped her and repeatedly sodomized her."
In a statement Tuesday responding to the lawsuit, MountainView said the woman didn't report the alleged incident to hospital officials at the time.
"We take such accusations very seriously. We are committed to providing a safe and secure environment for our patients, visitors and staff," MountainView's statement said. "Our process in this kind of matter is to contact law enforcement authorities immediately when we are notified so they can investigate whether any criminal activity occurred. We just received the details of the lawsuit today and our preliminary investigation shows that in this particular instance we were not notified by the patient of any such incident while she was a patient at our hospital in 2007 and no criminal investigation occurred. Out of respect for the patient’s privacy we can’t provide additional information at this time."
The woman's lawsuit asserts claims including negligence, infliction of emotional distress and breach of contract. The woman claims to have suffered "the indignity of not being cared for properly in a hospital setting."
In seeking general and punitive damages, the lawsuit seeks to recover medical expenses and past and future psychological expenses.
"Included in every contract for medical services is an obligation on the part of defendant, Sunrise MountainView Hospital, to provide a safe and secure location on which hospital admitees can recover," the lawsuit says. "Sunrise MountainView Hospital breached the respective contract with plaintiff in that they failed to keep her secure from sexual predators while she was in a coma-like state."
Attorneys for the firm filing the suit, Mainor Eglet Cottle, didn't immediately respond to questions including how the defendant man was identified as the alleged attacker and whether he knows or is related to the alleged victim.
Discussion: 23 comments so far…
Comments are moderated by Las Vegas Sun editors. Our goal is not to limit the discussion, but rather to elevate it. Comments should be relevant and contain no abusive language. Comments that are off-topic, vulgar, profane or include personal attacks will be removed. Full comments policy.
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I wonder if the filing of this civil suit will trigger some sort of a criminal investigation by Metro. Rape is a criminal offense.
I'm thinking it should seeings how so much time has passed since the alleged incident took place. I think the real mystery is why she never reported the incident to hospital staff ( who would have called metro ) until years later in the form of a lawsuit seeking monetary damages.
"Coma-like state"? Kinda like Harry Reid.
I take she has physical proof. She would not be allowed to testify in front of a jury in a coma like state.
I was in Mountain VIew at the same time - Sept of 07. I find it hard to believe that the night nurses would let ANYONE in the rooms during non=visting hours, unless the woman ws in the ICU but all those rooms have no privacy - you can see right inside. Not to mention getting in the front door since if I remember correctly, is locked after a certain time.
Not disputing this woman's story, but the best nurses I had were those night shift ones even though the numerous "sleep interruptions", which were about every hour or so, brought on by BP checks, etc. were annoying. All were very attentive.
Good reporting on the part of the Sun. You did not mention the name of either party.
In response to planetearthcalling 'I think the real mystery is why she never reported the incident to hospital staff'
Often times rape victims are in such a state of shock,confusion and terror it renderes them incapable of reporting.
I'm guessing the statute of limitations for this type of lawsuit in Nevada is 2 years, and that is why they have come forward now? I'm also wondering if a public trial asking for a large monetary payment helps overcome the "state of shock, confusion and terror"?
Comment removed by staff.
she was in a coma-like state and she knew was attcked and who attacked her?
Where's the tort reform now?
This sounds like a scam. I use to work their and you cannot get in as a visitor at that time of night unless your in intensive care. And like the other poster said there is no privacy in ICU.
He was a fireman
What a joke...and aren't those attorneys being investigated by the FBI as part of the medical mafia scam...and you won't release the suspect or the alleged victim but you feel no responsibility to the hospital??? Shame on you...no wonder healthcare is so bad in Vegas.
It is the same law firm being investigated by the FBI...what a bunch of scam artists...love their medial terminology semi-coma. Hopefully the hospital attorneys won't be in that state of mind when these crooks try to screw them!
comments like the ones posted above are what keep many women from reporting rape in the first place.
reminds me of that scene in "kill bill".
The rapist was a liberal Democrat without healthcare insurance.
How can she testify in court under oath about anything if she was in a coma like state? Sounds like a shake-down to me. These lawsuits are a large part of the reason health care is so f'in expensive. I hope this woman and her lawyers are arrested for fraud.
I love the people who immediately jump into political comments... This story has absolutely nothing to do with politics... So many people who are active in the comment sections here just want to rant, run, and stir things up a bit... Getting everyones attention, most of the time off the story in the first place...
He was a fireman
'
And.....was he all suited up in his California uniform? And again you can't just walk into the hospital at that time of night/morning. The doors are closed other than the ER.
BTW Mountainview does enforce visiting hours.
Everyone has missed the obvious: this is a grossly frivolous lawsuit.
I am guessing she can't pay the hospital bill.
Such a long time has passed their can not be any chain of evidence now. Staff letting someone in at 1:30 AM? ID please? I still do not think they would let a brother in, maybe a spouse if death was internment.
This man knew her? he knew her name? He told the nurses he was her brother from California. how did he know her name? He just didn't point to a room and say I'm her brother. Maybe this man was a day worker (Emptying the garbage cans in the rooms, etc), noticed her in the coma like state, he would have seen her name on the door, came back at night, night shift probably would not have known him, and the assult took place. Unless she's lying.