Why Sexual Assaults in Hospitals Are Rising

Hospitals across the country have seen a shocking increase in the frequency of reported sexual assaults on patients and employees. Investigating these incidents often exposes gaps in the oversight, security, and accountability of these institutions, revealing chronic corner-cutting and prioritization of profits over patients.

Hospitals must address these broader issues to reverse this trend and protect their most vulnerable patients. Significant factors that have contributed to the rise in assaults include:

• Overcrowding and staffing shortages. Workers in understaffed facilities may leave vulnerable patients unsupervised for extended periods while they prioritize other patients’ immediate care needs. High patient-to-staff ratios and overcrowded facilities lead to lapses in security and monitoring.

• Inadequate employee screening. High turnover and chronic staffing shortages may result in less thorough background checks for new employees. This may allow individuals with prior sexual misconduct to work in healthcare settings. Temporary healthcare workers, including travel nurses and aides, may be subject to less stringent vetting.

• Inadequate security measures. Not all areas in hospitals are monitored by cameras. Security personnel may be insufficient or improperly trained and are frequently understaffed. Visitors are often unsupervised and allowed unrestricted access to patients.

• Patient privacy and vulnerability. Patients who are sedated, incapacitated, physically confined to their beds, or unconscious are at higher risk of abuse. Many hospitals now put these vulnerable patients in a private room or secluded area to protect their privacy. Unfortunately, this can also create opportunities for sexual assaults to occur.

Victims are often reluctant to report incidents for fear of retaliation, stigma, and the fear of just not being believed. Unfortunately, hospitals sometimes prioritize protecting their reputations over addressing allegations, denying reports of assault, and intimidating victims rather than taking responsibility and responding appropriately.

Preventing Assaults and Protecting Patients

All healthcare institutions should have training programs to educate staff about identifying, preventing, and reporting sexual assaults. However, many hospitals’ policies on patient protection and staff behavior are outdated, inconsistently enforced, and poorly communicated.

To reduce the prevalence of sexual assaults in hospitals, healthcare organizations must implement comprehensive measures such as enhanced employee screening, robust reporting systems, improved surveillance, and mandatory training on ethical conduct and patient safety. Hospitals should also establish policies for reporting sexual assault, ensuring that victims and witnesses aren’t subject to retaliation, harassment, or further abuse.

A Hospital May Be Held Responsible for Sexual Abuse That Occurs on Its Premises

The rise in reported incidents of hospital sexual assault may reflect increased awareness of the problem and improved support of victims who report these occurrences. It may also result from an overall shift towards increasing institutional accountability.

Medical professionals and facilities, including hospitals, owe their patients a legal duty of care. This includes the responsibility to take reasonable steps to ensure patient safety. Inadequate employee screening, lack of training, and poor supervision can create a dangerous environment for patients that increases the opportunities for assault. In addition, these institutions may be held vicariously liable for assaults if they were aware of an employee’s propensity to sexually assault patients and failed to take action to prevent assaults from occurring again in the future. Cases involving hospital sexual assault can be especially challenging and emotionally difficult. The experienced, compassionate attorneys at Sommers Schwartz, P.C. will help you assess your options and pursue the results you deserve. Contact us today to learn more and schedule a free consultation.