While she was suffering from a drug overdose, a woman was transferred by ambulance from Baptist Memorial Hospital in Oxford, Mississippi to another BMH facility about 100 miles away. The Jane Doe now claims that during the transfer, she was sexually assaulted by a paramedic. Bryan Englebert, the EMT accused of sexual assault, plead guilty and is currently serving a minimum of five years in prison. But the victim is blaming more than her assailant.
When we go to the hospital – or any health care professional, for that matter – we have no choice but to put our lives and well-being in their hands. Hospitals and medical professionals owe us a duty of care to protect us from further harm, at the very least, while in their care. Medical professionals can make honest mistakes; they’re only human. But when negligence is a factor, a provider and / or health care facility may be liable for any resulting damages, including medical expenses, pain and suffering, and lost wages. A Boston personal injury lawyer can help you determine how to proceed if you’ve been injured by another’s negligence.
Doe alleges that the hospital’s failure to provide proper training and supervision to its employees, as well as its lack of an adequate safety policy, put her in harm’s way. In her lawsuit, she claims that Englebert sexually battered and assaulted her while the driver, Matthew Austin, videotaped the assault. Doe was incapacitated during the incident, and has a history of mental health issues. As such, the hospital owed her an even higher duty of care. She is suing for negligence and negligent infliction of emotional distress. According to her lawsuit, Doe suffered significant physical injury, and mental trauma and suffering.
So, when is the hospital liable, and when is it just an honest mistake? Fortunately, the vast majority of medical professionals have the best interest of patients in mind at all times. However, even good doctors can make serious mistakes when fatigued or under extreme pressure or stress. Sometimes, mistakes are due to inexperience. Other times, lack of communication, administrative problems, and even bad handwriting are the culprit. And occasionally, health care-related injuries can be a result of gross negligence. A MA personal injury lawyer can help you determine whether negligence played a role in your particular case.
Common Types of Hospital Negligence
In the case above, it is certainly possible that the incident was partially a result of improper training or bad hiring practices. Further investigation will determine the outcome. Fortunately, sexual assaults by medical professionals are quite rare. The following examples of hospital negligence, however, are not.
- Inpatient slip and fall accidents
- Medication errors (dosing too much or not enough)
- Surgical errors
- Bacterial outbreaks, such as MRSA or E.coli
- Anesthesia errors
- Delayed or missed diagnosis
- Incorrect diagnosis
Altman & Altman, LLP – Personal Injury Lawyers Serving All of MA
If you have been injured due to another’s negligence, the skilled legal team at Altman & Altman, LLP can help. We have been protecting the rights of accident and injury victims for more than 50 years. It is our goal to get you through the process as quickly and smoothly as possible so that you may obtain the compensation you deserve, and get on with your life. When the negligence of a hospital or other medical professional causes you harm, they should be held accountable for their actions. The experienced, knowledgeable attorneys at Altman & Altman, LLP will ensure that you fully understand your rights and options, and we’ll remain by your side throughout the entire process. Don’t go through this difficult time alone, we can help. Contact Altman & Altman, LLP today for a free and confidential consultation about your case.