Case Results

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Hospital Assault Victim receives settlement

June 2015

Hospasslt

DISCLAIMER: The results are specific to the facts and legal circumstances of each of the clients' cases and should not be used to form an expectation that the same results could be obtained for other clients in similar matters without reference to the specific factual and legal circumstances of each client's case.

Hospital Assault Victim receives settlement

Victims of hospital and nursing home abuse and assault are often concerned that the insurance company for the facility won't settle their case.  For this reason we tell every client that they should prepare as though the case were going to go to trial.In this case we nearly went to trial until the insurance company wisely negotiated a confidential settlement (satisfactory to our client) just days before trial was scheduled to begin.Our client was a young woman who was sexually assaulted by another patient while an inpatient at a hospital.  In some cases this young woman would have been out of luck against the hospital, but we were able – through the “discovery” process of the lawsuit – to obtain information suggesting that the hospital staff knew, or should have known, that the individual who assaulted our client had a propensity towards such behavior.   This knowledge by the staff was key in establishing an argument that the hospital should have taken measures to ensure our client's safety, such as monitoring the assailant or moving him to a different part of the facility.  Policies that we obtained from the hospital during the discovery process showed that they could and should have done more.

In this case the hospital's insurance company took a firm position from the outset.  We litigated the case for nearly two years, obtained strong expert witnesses, and fully prepared for trial.  Just days before that trial was set to begin we were able to obtain a very positive result for our client.

If you or a family member have questions about hospital or nursing home negligence please feel free to request a copy of our free book, on this page.  Otherwise fill out the contact form on this page or give us a call.  We're happy to help in any way we can.

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