2012 Consumer Attorney of the Year finalist Michael Piuze

PROTECTING HOSPITAL PATIENTS FROM SEXUAL ABUSE
Michael J. Piuze, Maryann P. Gallagher and Geraldine Weiss
ROSENBERG V. ENCINO TARZANA REGIONAL MEDICAL CENTER, TENET HEALTHCARE CORPORATION
Courtney Rosenberg was recovering from the removal of an ovarian cyst at Encino Tarzana Regional Medical Center when she was sexually assaulted by a male certified nursing assistant. She reported the assault to the LAPD the next day, and an investigation turned up other victims of similar assaults by the same man that were reported to hospital personnel. Rosenberg suffered severe emotional distress, including post-traumatic stress disorder, and lost one year from work (as a counselor working with teens who suffered sexual abuse) as a result. The nursing assistant was arrested but jumped bail and remains at large. The legal team contended that the hospital was negligent in retaining the nursing assistant after past complaints. A jury found in favor of Rosenberg, with a significant punitive damages award against the hospital. According to the jury foreman, the jurors believed the hospital could have taken action against the nursing assistant sooner after receiving the earlier reports of assaults. The size of the verdict will get the attention of hospital administrators, whose attention is essential because sexual assaults in hospitals are a more common occurrence than is commonly known.