QUESTION

What can I legally do after I was sexually assaulted by a patient in the hospital I am working at?

Asked on Apr 08th, 2014 on Personal Injury - Alabama
More details to this question:
I am a CNA at a hospital and have been sexually assaulted/harassed by a patient (and convicted sex offender) with a history of inappropriate behavior towards women staff in care facilities (exhibitionism, sexual assault, inappropriate language). This patient is a frequent flyer and is known for his behavior, but I had never worked with him before. Upon leaving after providing care, he smacked me on the butt and said "don't work too hard dear". I was never told of his conditioned behavior until after the incident where I found it was a common and running joke in the hospital by all levels of staff. I immediately informed my supervisor and his attending RN and was not approached by either for the rest of my 12 hour shift to investigate or address the issue. I was only addressed when the patient harassed another staff member of more rank and tenure. My employer told me I could press charges if I wanted but because I had not documented the incident in the patient's chart I had no proof (neither herself or the RN had documented the incident) and I had not been informed until several days later of this requirement. Additionally the supervisor did not report the incident to HR as per policy requirements. A month later the patient was back and repeated the same offense against me. I told my supervisor, documented, and informed HR of the issue and lack of proper recourse and was told by my supervisor that I had approached her about the initial offense when "she was too distracted by the conversation she had had prior to me entering her office, she was unable to give me the proper attention and that's why nothing came of it". My supervisor's boss then told me that I needed "to reassess my personality as to whether or not I was right for the job" and HR said they "would talk to some people" but could not promise I would see any improvements or follow up. They did tell me I was not allowed near the patient anymore.
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7 ANSWERS

Edwin K. Niles
You can sue the assaulter. It's questionable whether you have a good claim against the employer. You might want to look at the larger picture. Unless there was something more than a slap on the fanny, you might be better off just laughing it off, as getting into litigation won?t enhance your reputation at the workplace, and might even give the employer incentive to look for ways to get rid of you.
Answered on Apr 14th, 2014 at 11:09 PM

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Ronald A. Steinberg
It's a workers compensation case, and a criminal case.
Answered on Apr 14th, 2014 at 5:24 AM

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You need to retain an attorney. You need to file a claim for worker's compensation benefits that cover temporary disability benefits , ongoing medical treatment and a settlement for permanent disability and future medical care.
Answered on Apr 14th, 2014 at 5:24 AM

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Chapter 7 Bankruptcy Attorney serving Syracuse, NY at Andrew T. Velonis, P.C.
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Not "allowed" near the patient anymore! How about "reassigned" at your request! Live and learn.
Answered on Apr 10th, 2014 at 11:59 AM

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Appellate Attorney serving Grosse Pointe Farms, MI at Musilli Brennan Associates, PLLC
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The wrongful actions are that of the patient, not your institution or supervision, and if you desire, can be reported to the police. They will take it seriously of the essay prior record of sexual assault. The fact that you have been relieved of any duties regarding this individual is good and a remedy for the problem. What is it to you are seeking to accomplish?
Answered on Apr 10th, 2014 at 11:59 AM

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Personal Injury Attorney serving Charlotte, NC at Paul Whitfield and Associates P.A.
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You are surely wound a bit tight to deal with sick patients I assume you are not interested in keeping your job as long as you can get some kind of legal satisfaction for what you perceive as improper response to your problem. I don't think you are going to make any money with this grievance but see a lawyer with experience in sexual harassment cases.
Answered on Apr 10th, 2014 at 11:59 AM

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James Eugene Hasser
You can press criminal charges, for whatever that is worth, and if you have any physical or psychological injuries, file a comp claim. You may also have a Civil Rights Claim against your employer. You have 180 days from the offending act to file a claim with the EEOC or you will be forever barred from suit.
Answered on Apr 10th, 2014 at 11:58 AM

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