On November 22, 2010 a Miami-Dade County jury decided that Defendant Tenet Healthcare Systems d/b/a North Shore Hospital was negligent and thus legally responsible for a sexual assault by one of their patients on another patient in the hospital. The sexual assault took place in the behavioral unit of North Shore Hospital in 2007. After a six day trial the jury deliberated for nearly 4 hours before unanimously awarding $1,310,000. The case was tried by Philip M. Gerson, Nicholas I. Gerson, and Edward Schwartz of Gerson & Schwartz, P.A.
This was a “true victory” and justice was served proclaimed, Phil Gerson shortly after the verdict was read. Our client was mentally disabled and utterly helpless at the time this incident occurred. Tenent’s lawyers tried to demonize her and challenge the fact that she was raped by another patient. As an excuse the defendant claimed the sexual intercourse was “consensual” and therefore not their fault, even though sexual interaction between patients is never permitted in a hospital. At trial, the Gerson’s were able to show that North Shore employees who were supposed to be monitoring the hallway were not at their posts when the incident occurred. They also did not have written policies or procedures for employees who needed to take a break. “Responsibility starts at the top” said Nick Gerson in his opening statement. Apparently, the jury agreed.
Gerson & Schwartz, PA has been representing crime victims for 40 years. For more information about Gerson & Schwartz, P.A. contact 305-371-6000 or visit www.injuryattorneyfla.com