Are there exceptions to the general rule? CASE STUDY 4 FACTS: A female patient w

Question

Are there exceptions to the general rule?

CASE STUDY 4

FACTS: A female patient was admitted to a hospital ICU in a diminished mental and physical condition. She claimed that the medications she was given keep her in an impaired mental state. She alleged that while in the ICU in this diminished capacity, she was sexually assaulted by a male registered nurse.* The patient sued the hospital for assault, battery, and intentional infliction of emotional distress.1 Although the patient could have named the assailant in this case, the plaintiff did not sue him. Is the hospital liable as the employer?

Explanation / Answer

Sexual assault is a form of sexual violence. It includes any form of torture in a sexual manner. According to the above case a women patient inebriated state is being assaulted by male nurse.

The patient sues the hospital but not the nurse for creating emotional distress.

Hospital naturally is responsible for the assault, since has the responsibility to perform background checks to prevent similar incidents. Certain measures must be taken while hiring candidates like checking criminal backgrounds and various personality tests. And the hospital is also responsible to protect its patients; hence provision of safe environment must be assured.

The patient states that hospital is intentionally inflicting emotional distress, counseling or support groups would be useful in following up to recoup with distress. A formal support will help at a great extent.

Legal intervention has to adopted, rules needs to be reformed due to the substantial increase in the number of cases being reported worldwide.

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