Case details

Defense: Assault at medical center could not be prevented

SUMMARY

$0

Amount

Verdict-Defendant

Result type

Not present

Ruling
KEYWORDS
mental, psychiatric, psychological
FACTS
On July 27, 2012, plaintiff Cheryl Coffman, 18, a patient under an involuntary psychiatric hold at Glendale Adventist Medical Center, in Glendale, was found nude on a room’s bathroom floor with another patient, who had his shirt off, but pants on. Cheryl had been diagnosed with schizophrenia, bipolar disorder, and mild developmental delay prior to her admission to the medical center. When she became violent toward her mother, Ruth Ames, she was brought to the facility by the Glendale Police Department on July 20, 2012. Since Cheryl presented a risk of harm to others, she was admitted to the medical center and held under California Welfare and Institutions Code § 5150, which authorizes a qualified officer or clinician to involuntarily confine a person suspected to have a mental disorder that makes them a danger to themselves, a danger to others, and/or gravely disabled. Six days later, on the evening of July 26, 2012, Anthony Taylor was brought in by Glendale Police and also admitted to the medical center’s care under a “5150 hold.” Later that night, Taylor tried to expose himself to the female staff. On the morning of July 27, 2012, Cheryl and Taylor met in the hallway and, later, went to his room. At about 8:21 a.m., a charge nurse entered Taylor’s room and found Cheryl nude on the bathroom floor. Taylor was found just behind the entry door with his shirt off, but his pants on. Cheryl said, “We had sex.” Taylor was later heard saying that he inserted his finger into Cheryl’s vagina. Police questioned Taylor, who admitted to digitally penetrating Coffman and “sucking” her breasts. He also admitted to rubbing his erect penis between Coffman’s butt cheeks and grabbing her hand, guiding it to his penis, and instructing her to “stroke it.” As a result, Taylor was arrested and charged with penetrating a mentally challenged female with a foreign object (his finger), in violation of Penal Code § 289(b). On Jan. 9, 2014, Taylor pleaded “nolo contendere” to the felony charge of penetrating a mentally challenged female without the capacity to consent with a foreign object in violation of Penal Code § 289(c). He was then sentenced to three years and eight months in state prison for the sexual assault. Cheryl, through her guardian ad litem, Norine Boehmer, sued Taylor and Glendale Adventist Medical Center. Cheryl alleged that Taylor’s actions constituted sexual assault and that the medical center’s actions constituted willful misconduct and negligence based on the Elder and Dependent Adult Abuse Act. Adventist Health System/West was also sued, but it did not continue as a defendant. In addition, Taylor did not appear at trial, as he was still in prison. Plaintiff’s counsel contended that Cheryl was a schizophrenic, bipolar, mildly-retarded, dependent adult who was 18 years old at the time that she was sexually assaulted by another patient, Taylor, while both were admitted to the psychiatric unit at Glendale Adventist Medical Center. Cheryl’s mother, Ames, also claimed that she gave specific instructions to the center’s staff that under no circumstances should Cheryl be left alone with members of the opposite sex, as Cheryl had the mental capacity of a 12 year old, was “boy crazy,” and was inquisitive about men. Plaintiff’s counsel argued that the medical center breached the standard of care by failing to provide a one-on-one safety attendant to supervise Cheryl and by failing to have adequate security camera monitoring procedures. Counsel also argued that a proper risk assessment of Cheryl should have been performed and that an assessment of Cheryl’s hypersexual and erratic behavior should have resulted in higher safety precautions. Thus, plaintiff’s counsel argued that due to the center’s failure to supervise/monitor and protect Cheryl, she was violently sexually assaulted in the bathroom of a male patient’s room. Further, counsel argued that the medical center was negligent in the admittance of Taylor, as he has a criminal history that included violent crimes. In addition, plaintiff’s counsel argued that the medical center owed Cheryl a duty to provide a safe hospital stay and, thereby, breached that duty by negligently permitting the sexual assault of Cheryl. The parties disputed whether Cheryl and Taylor shook hands when they met in the hallway. The medical center’s counsel contended that Glendale Adventist Medical Center’s care and treatment of Cheryl met the standard of care and that no act or omission on the medical center’s part resulted in the alleged sexual battery against Cheryl. Specifically, the medical center’s counsel contended that from the evening of July 26, 2012 through the morning of July 27, 2012, both Cheryl and Taylor were visually observed by hospital staff every 15 minutes, were treated, and were supervised by the center’s staff and others. Counsel also contended that at 8:15 a.m. on July 27, 2012, Cheryl and Taylor met in the hallway and that Cheryl took Taylor’s hand and, 16 seconds later, led Taylor into Taylor’s room. Counsel further contended Cheryl and Taylor were only alone in the room for approximately five minutes. The defense’s psychiatric expert testified that the mere fact that a patient in an acute care psychiatric facility has engaged in sexual behavior with another patient does not mean that the facility has breached a standard of care. The expert also testified that it is not possible for a hospital or its employees to completely prevent all sexual encounters from occurring on a psychiatric inpatient unit. The expert opined that all hospital-related care provided by Glendale Adventist Medical Center to Cheryl by the medical center’s employee staff was reasonable, appropriate, and within the standard of care. The expert also opined that no conduct on the part of the medical center constituted dependent adult abuse and that neither Cheryl’s medical condition or behavior, nor Taylor’s medical condition or behavior, qualified as a “safety hazard,” given the circumstances herein. The psychiatric expert further opined that Glendale Adventist Medical Center and its identified employees met the applicable standard of care by monitoring and supervising both Taylor and Cheryl every 15 minutes by exercising their discretion and clinical judgment to modify inappropriate behavior with the least-restrictive measures before imposing any restraint or seclusion. In addition, the expert opined that there was no breach in the standard of care regarding the care and treatment provided to Cheryl or Taylor by Glendale Adventist Medical Center. In response, plaintiff’s counsel disputed that Cheryl was checked on every 15 minutes., Plaintiff’s counsel contended that Cheryl was sexually assaulted while she was supposed to be under the care of Glendale Adventist Medical Center and that as a result, Cheryl will now need extensive psychiatric care. Counsel also contended that Cheryl’s counseling and other psychological care will be ongoing. The defense’s psychiatric expert opined that Cheryl was not deprived of, or prevented from, obtaining basic medical care in that the medical center and its identified personnel provided Cheryl with medication, treatment, psychiatric care, and otherwise met Cheryl’s physical and mental health needs. The expert also opined that the dependent adult abuse statutes are related to a hospital’s custodial duties, such as the provision of water, food, and shelter to patients. In addition, the psychiatric expert opined that, to a reasonable degree of medical probability, no act or failure to act by the medical center or its employees was a substantial factor or contributed to any alleged , damages, or harm now claimed by Cheryl.
COURT
Superior Court of Los Angeles County, Los Angeles, CA

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