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O U T P A T I E N T S U R G E R Y M A G A Z I N E O N L I N E | A P R I L 2 0 1 5
Sedation, Sexual Assault and Surgical Centers
Protect your patients from caregiver abuse and the resultant lawsuits.
A
60-year-old Portland,
Ore., woman is suing
the GI clinic that per-
formed her colonoscopy last
April for unspecified damages,
claiming that she was sexually
assaulted while under anesthe-
sia, a charge the clinic vehe-
mently denies. According to
the suit, 3 men were in the
room during the colonoscopy
— a physician, a medical assis-
tant and a CRNA. A female RN
treated the woman after the
procedure. No criminal
charges were filed in this case,
as the accused retained lawyers and refused to speak to police, which
has suspended its investigation, citing a lack of evidence (see "Patient
Sues, Claims She Was Raped During Colonoscopy" at
tinyurl.com/qe4sgvv). But as is often the case, an allegation of patient
abuse has triggered a medical malpractice lawsuit. Regardless of the
outcome — win, lose or settle — the facility loses every time.
Predatory behavior
Patient abuse means a healthcare professional breached his duty to
prevent harm to patients. Any breach of that oath is medical malprac-
tice. While these cases often bring criminal charges on the perpetra-
tor, patients can and do sue facilities for negligence — and it can cost
M E D I C A L M A L P R A C T I C E
William W. Landess, CRNA, MS, JD
z AVOID ABUSE There are
several things you can do
to keep patient abuse out
of your facility.
