A patient lies in a hospital bed after experiencing hospital sexual assault.A patient lies in a hospital bed after experiencing hospital sexual assault.
Sexual assault can occur anywhere, even in hospitals. If you’ve been affected, we’re here for you.
By Jessica pride
Published on
December 16, 2024
|
Last Updated

The Role of Hospital Accountability for Sexual Assault: Staffing, Hiring, and Training Failures

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For many patients, hospitals and other medical clinics are places where they expect to receive care, comfort, and healing. But in recent years, a disturbing trend has emerged: sexual assaults committed by medical professionals, preying on patients when they are at their most defenseless.

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In a system that should prioritize patient safety and well-being, incidents of sexual assault have been rising. While these crimes are often shrouded in secrecy, the stories of victims coming forward are shedding light on a hidden epidemic.

In this blog, we’ll take a closer look at the growing problem of sexual assault in hospitals and other medical facilities exploring the factors that contribute to these crimes, how these institutions have failed to protect patients, and what needs to change.

The Pride Law Firm fights for survivors of sexual assault, especially those who find themselves at the mercy of those in power at institutions like hospitals, prisons, churches, schools, and more. 

If you or a loved one has faced sexual assault in a medical facility, our medical sexual assault attorneys are here to support you in getting the justice you deserve. Contact The Pride Law Firm today online or by calling (619) 516-8166 for a 100% private and no-obligation case evaluation. 

The Rise of Hospital Sexual Assault

Sexual assault in hospitals is a grave and often underreported issue that continues to increase across the United States. 

In 2023, a report from The Joint Commission, a nonprofit organization that works to improve healthcare quality and safety, showed a dramatic rise in violent crimes in hospitals. According to the report, incidents of assault, rape, sexual assault, and homicide in hospitals rose by 77% over the past two years.

Overall, there were 106 assault, rape, sexual assault, and homicide cases reported, 43% of which were sexual assault, including rape. Breaking down these startling statistics further, the organization reported that: 

  • Half of these were patient-on-patient.
  • 28% were staff-on-patient.
  • 13% were patient-on-staff.

One of the most disturbing revelations from the report is that last year was the first in which the assault, rape, sexual assault, and homicide grouping was among the top five patient safety events reported by hospitals. 

Underreporting of Sexual Assault in Hospitals and Medical Clinics

As unsettling as this data is, it likely represents only a fraction of the actual cases of sexual assault in medical facilities. Reports reveal that many of these assaults go unreported, either due to embarrassment, the stigma surrounding sexual assault, or the fear of not being believed.

While most states require medical facilities to report these incidents, lawsuits and regulatory records have uncovered that many fail to do so. 

Other Medical Settings Where Sexual Assault Can Happen

Sexual assault can occur not only in hospitals but also in various other medical settings where patients are in a compromised position, often in private or secluded areas, which creates opportunities for abuse. These environments, just like hospitals, can lack the oversight necessary to prevent misconduct.

Below are some of the other medical facilities where sexual assault may take place:

  • Outpatient Clinics
  • Private Medical Practices
  • Nursing Homes
  • Mental Health Facilities (including psychiatric wards)
  • Rehabilitation Centers
  • Dental Offices
  • Physical Therapy Clinics
  • Urgent Care Clinics

In these settings, sexual misconduct often happens when patients are alone with medical staff. Additionally, abuse can also occur in settings like psychiatric wards or rehabilitation clinics, where the power dynamics are often skewed, and patients are in a vulnerable state.

While perpetrators of sexual abuse in medical settings are often male, female doctors can also abuse male patients. Abuse can occur across all types of gender interactions, highlighting that no one is immune to this predatory behavior.

Real-Life Instances of Sexual Assault in Medical Clinics 

Sexual assault in healthcare settings is a deeply troubling issue that impacts both patients and the trust they place in medical professionals. Below are a few real-life cases that highlight the stark reality of this problem and underscore the urgent need for reform in how medical facilities handle such allegations.

Citrus Hospital

In 2021, Lenna Ray was a patient at HCA Florida Citrus Hospital when she was assaulted by a nurse, Hiram Bonilla. The incident occurred while Ray was receiving medical care, making her particularly vulnerable. Bonilla, who had been working at the hospital for several years, was arrested and charged with the assault.

Following the attack, Ray filed a lawsuit against both Bonilla and the hospital, accusing the hospital of mishandling the investigation and failing to follow proper protocols. Despite the hospital’s policy for handling such allegations, critical steps were delayed, including the suspension of the accused nurse and notifying law enforcement.

Ray’s repeated abuse at HCA’s Citrus Hospital occurred four months after another male nurse, Mark Miskar, sexually assaulted a patient there, police records show.

In addition to the troubling pattern of sexual assaults at the facility, Citrus Hospital also failed to report sexual misconduct allegations from two patients to the Florida Department of Health a few years before the assaults by Bonilla and Miskar, according to a 2018 report from state regulators.

Cape Coral Hospital

In a series of disturbing incidents at Cape Coral Hospital, three women were allegedly assaulted by Jeovanni Hechavarria, a registered nurse employed by the facility. In 2015, Brianna Hammer accused Hechavarria of sexual assault during her stay for suspected food poisoning. Despite Hammer’s report to hospital management and police, the hospital dismissed her claims, and Hechavarria remained employed. A subsequent police investigation led to no immediate charges.

In 2016, two more women, Julie Love and Donia Goines, alleged similar assaults by Hechavarria. Love, who was receiving treatment for pancreatitis, filed a lawsuit after being assaulted following narcotic pain medication administration. Goines also reported a rape later that year. Hechavarria was eventually suspended and fired in late 2016, and in 2020, he was convicted of sexual battery in the Goines case.

All three women sued the hospital for its handling of the allegations. Ultimately, Cape Coral Hospital settled all three cases confidentially.

Trident Medical Center

In August 2023, Paxton Greer, a 28-year-old woman experiencing a mental health crisis, was admitted to HCA Trident Medical Center in Charleston, South Carolina. While heavily sedated and convulsing, Greer was sexually assaulted by Tyler Eoute, a 27-year-old medical technician. The assaults occurred first in a bathroom and then twice more in her hospital bed. Despite Greer's repeated attempts to report the assaults to hospital staff, no action was taken, and her claims were ignored.

Greer later informed staff at Live Oak Mental Health, a mental health facility affiliated with Trident, about the assaults, but once again, no investigation or law enforcement involvement occurred. Eoute continued working at Trident after Greer made her allegations until he assaulted a minor on September 11, 2023.

The accounts shared here provide insight into the many stories of real people who entrust their care to medical facilities that failed to protect them. Sadly, the trauma they endured is not an isolated event. Instead, it is a painful reality that reflects a deeper issue in our healthcare institutions. 

We cannot ignore the human impact of hospital sexual assault. Their stories demand justice, accountability, and lasting change to ensure that no patient ever faces such horrors again. If you or a loved one experienced sexual assault at a medical facility, you are not alone. The Pride Law Firm is here for you and will fight relentlessly to ensure your voice is heard. When you are ready, reach out to our team online or call (619) 516-8166 today. 

Contributing Factors to Sexual Assault in Hospitals and Beyond

The disturbing rise in sexual assaults in medical facilities cannot be attributed to a single factor. Rather, it is the result of a combination of systemic issues that, when left unchecked, create an environment where patients are vulnerable and perpetrators are given opportunities to exploit them. 

Lean Staffing and Understaffed Hospitals

One of the primary contributing factors to hospital sexual assault is lean staffing, or inadequate staffing levels that lead to overworked and fatigued employees.

Hospitals, particularly large institutions, are often under pressure to reduce costs, and one way they do this is by reducing the number of staff on duty at any given time. In the healthcare setting, this means fewer nurses, aides, and medical professionals are available to monitor and care for patients.

When medical facilities are understaffed, the level of oversight decreases, creating opportunities for staff to take advantage of their patients.

Take, for example, the case of Lenna Ray. The lack of sufficient staff and the hospital’s failure to intervene after repeated reports of misconduct allowed Hiram Bonilla to enter her room and repeatedly sexually assault her. 

Bonilla’s behavior went largely unchecked because there was a lack of proper supervision in her private room. If hospital staff had been adequately present or monitored her care more closely, the assaults may have been prevented or at least detected sooner.

Negligent Hiring in Healthcare: Failure to Vet Employees

In some cases, medical clinics fail to properly screen employees, allowing individuals with questionable backgrounds to be hired and placing them in positions of power over vulnerable patients. This is particularly concerning in healthcare settings, where staff members have intimate access to patients, especially those in critical or compromised conditions.

One example of this failure to properly vet employees is the case of Tyler Eoute at HCA Trident Medical Center. Eoute was hired despite having a history of misdemeanor convictions, including domestic criminal trespass and other offenses. 

His criminal record was discovered during a background check, but the hospital overlooked it because he provided explanations for the charges.

This is just one of many cases demonstrating the dangerous lapse in judgment of some hospitals in the screening process and their hiring protocols.

In many cases, medical facilities prioritize filling positions quickly over conducting thorough background checks, which can put patients at risk of harm. Furthermore, people who have previously been fired from one facility for misconduct may be able to find work at hospitals that fail to inspect their criminal and work histories. 

Overall, this pattern of behavior stresses the need for hospitals to perform rigorous background checks and only hire those who have passed professional background checks. 

Lack of Training in Healthcare 

Even when medical facilities hire appropriately and staff are available, the lack of proper training can still leave patients susceptible to abuse.

Sexual assault allegations in medical facilities are often mishandled, dismissed, or delayed because employees are not adequately trained to recognize, report, and respond to such incidents. 

HCA Healthcare, which owns Citrus Hospital, refused to release its corporate policy for handling sexual assault allegations, even when specifically requested by the media and during legal proceedings. 

In place of detailed instructions or training for employees, a spokesman for HCA issued a statement about the company’s general expectations regarding employee behavior, claiming that employees are trained on “standards of integrity and ethical behavior” and that there is zero tolerance for sexual misconduct. 

However, this statement was vague, offering no concrete details about the specific steps employees have been instructed to take in the event of an assault. 

Problems With Medical Facility Protocol

Additionally, the lack of protocols for sexual assault in hospitals leaves room for errors, mishandling, or even outright negligence.

Again, one of the most glaring examples of alleged failures to follow proper protocols can be seen in Lenna Ray’s case, where she reportedly suffered repeated abuse at Citrus Hospital. 

According to the hospital’s policy, produced in Ray's lawsuit, Citrus Hospital had a checklist for responding to allegations of sexual misconduct. The policy `aimed to ensure patients were free from abuse, but its execution was flawed.

The policy outlined 26 actions to take when allegations arise, including:

  • Ensure the patient is safe.
  • Notify hospital executives and contact the patient's family or representative.
  • Complete an incident report.
  • Take statements from the patient and witnesses.
  • Pull surveillance footage.
  • Offer a rape crisis hotline number.

However, the order of the steps was a significant issue. Crucial actions, such as suspending the accused employee and notifying law enforcement, were placed much later in the checklist (items 14 and 19, respectively) after administrative tasks like gathering statements and pulling footage. This misordering delayed the response to the assault.

A spokeswoman for Citrus Hospital explained that the checklist was not in order of priority. However, this disconnect between policy and practice highlights a systemic issue in how hospitals handle sexual assault allegations.

2023 Patient Safety Incident Report Chart

Legal Consequences and Accountability for Medical Facility Sexual Assault

When sexual assault happens, it extends far beyond the victim. Medical facilities are places where we all expect to feel safe, whether it be for a routine checkup or an emergency. But without proper safeguards, we are all at risk, and what happens to one person could easily happen to any of us.

When medical professionals commit sexual assault, the hospital or clinic can be held responsible, especially if it can be shown that they were negligent or didn't have proper policies in place. If the hospital or other facility is found to be at fault, it could face financial penalties or even criminal charges in serious cases.

Negligent hiring, lack of protocols to prevent or address hospital sexual assault, and failure to properly train employees are areas where the medical facility can be held accountable for the actions of its staff, whether the perpetrator be a doctor, nurse, technician, or anyone employed there.

For example, a medical facility can be found liable for damages if it has no clear procedure for investigating assault claims or does not take immediate action to remove perpetrators from patient-facing roles. These damages can help cover the following: 

  • Past and future medical expenses related to physical and mental health treatment.
  • Counseling services.
  • Lost wages or income.
  • Pain and suffering for the emotional distress and psychological trauma caused by the assault.
  • Punitive damages to punish the hospital and deter similar behavior in the future.

The Pride Law Firm: Taking a Stand Against Hospitals Failing to Address Sexual Misconduct

Medical facilities are meant to be safe havens where we trust staff to heal us, not hurt us. You have the right to stand up, to demand that your story be heard, and to fight for a future where others are protected from similar harm. 

While it can be challenging, the legal system can be a powerful tool against hospital sexual assault, leading to lasting reforms that prevent future incidents. This may include pushing for stronger safety measures, better training for staff, or changes to hospital policies to ensure patients are better protected from abuse. 

Jessica Pride has spent nearly 2 decades helping survivors of sexual assault. If you’re looking for answers or simply need someone to listen, our team of legal professionals is here for you. With decades of combined experience, our team has supported countless survivors of sexual assault in regaining their strength and finding peace.

At The Pride Law Firm, we understand the deep trauma that comes with betrayal in a medical setting, and we are committed to providing a safe, confidential space for you to share your story. 

When you're ready to take that first step toward justice, we are here to listen and support you every step of the way. Contact us today online or call (619) 516-8166 to learn more about how we can help. 

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