Sexual Assault in Drug Rehab Facility Lawsuit

Jackson v. Gaudenzia

Drug Rehab ProgramThis medical malpractice claim was filed in Baltimore City after a nurse inappropriately touched a drug rehab resident during a physical exam. It was filed in Maryland Health Claims Arbitration on February 20, 2018, and it is the 85th medical malpractice case filed in Maryland this year.

Summary of Plaintiff's Allegations

A man spent one month at Gaudenzia drug rehabilitation and treatment center. About halfway through his residency, the man was required to submit to a physical examination. The exam was performed by a certified nurse practitioner late in the day, unsupervised, and in a remote location of the rehab facility.

During the exam, the nurse inappropriately touched the man. When the man protested and asked for an explanation, the nurse insisted that he needed to know whether or not the man could still obtain an erection. The lawsuit is a little vague but the inappropriate touching continued and the nurse groaned in apparent pleasure. The man reported the sexual misconduct to a staff counselor and the director of the program. Later in his continued inpatient treatment, the man learned that the same nurse had previously molested several other patients.

Additional Comments
  • The nurse in this case is male.

  • There is no question that sexual predators look for vulnerable victims. When you are in a drug treatment program getting a physical exam, you are vulnerable.

  • One big question that may make a difference is liability can be proven is the relative physicality of the men. What makes women particularly susceptible to abuse is that men are usually stronger physically. If these are men of seemingly equal size and strength, some Baltimore County jurors are going to wonder whether why the patient let the exam continue when he obviously knew something was not right about what the nurse was doing.

  • The tough this about proving this case is that is he said/he said. Who is the jury going to believe? The plaintiff starts at a little disadvantage because he is in a drug treatment facility. But, ultimately, how this plays out at trial will depend on the credibility of both men.

  • If plaintiff's lawyers could develop testimony of habit or practice of taking patients to a remote area to molest them with the same "I need to see if you can get an erection" nonsense, that might be admissible and would make the case much easier to win.

Jurisdiction
  • Baltimore City
Defendants
  • Gaudenzia, Inc.
  • A nurse practitioner
Negligence
  • Failing to maintain an appropriate patient relationship.

  • Inappropriately examining and touching the claimant.

  • Engaging in physical acts of intimacy that were unnecessary for the proper performance of medical services.

  • Violating professional and ethical boundaries.

  • Failing to engage a chaperone for all examinations performed by the defendant nurse.

Specific Counts Pled
  • As a result of the defendants' negligence, the claimant suffered mental anguish and unnecessary medical care and expenses.

Getting a Lawyer for Your Malpractice Claim

Have you suffered a hospital injury due to the negligence of a doctor? Miller&Zois can help you. Call us at 800-553-8082 and speak to one of our medical malpractice attorneys who can help you or get an online case review.

More Malpractice Claim Information

Contact Us For a Free Consultation

1Free Consultation

2Available to talk NOW - 24/7

3No fees unless you WIN

Miller & Zois clients have received over $100 Million in verdicts and settlements. Let us fight for you!

Client Reviews

★★★★★
They quite literally worked as hard as if not harder than the doctors to save our lives. Terry Waldron
★★★★★
Ron helped me find a clear path that ended with my foot healing and a settlement that was much more than I hope for. Aaron Johnson
★★★★★
Hopefully I won't need it again but if I do, I have definitely found my lawyer for life and I would definitely recommend this office to anyone! Bridget Stevens
★★★★★
The last case I referred to them settled for $1.2 million. John Selinger
★★★★★
I am so grateful that I was lucky to pick Miller & Zois. Maggie Lauer
★★★★★
The entire team from the intake Samantha to the lawyer himself (Ron Miller) has been really approachable. Suzette Allen
★★★★★
The case settled and I got a lot more money than I expected. Ron even fought to reduce how much I owed in medical bills so I could get an even larger settlement. Nchedo Idahosa