Second Sexual Assault Lawsuit Filed Against Palm Springs Hospital in Hialeah Alleges Nursing Aide Sexually Assaulted Male Patient
WHAT: JEFF HERMAN (www.hermanlaw.com), a nationally-recognized attorney for victims of sexual abuse, announces the filing of a second lawsuit against PALM SPRINGS GENERAL HOSPITAL for the sexual assault of a male patient by Rene Martinez, a certified nursing assistant at the hospital. Martinez was later arrested for the alleged sexual assault of another patient, who captured that assault on videotape.
According to the Complaint:
- On or about February 14, 2011, JOHN DOE presented to the emergency room at PSGH due to an inguinal hernia. JOHN DOE was admitted to the emergency room on the same day.
- JOHN DOE was sent to a room to disrobe and put on a hospital gown. While lying on the bed, Martinez entered JOHN DOE’s room and asked JOHN DOE to show him the area of concern.
- JOHN DOE lifted the gown in the front to show him the area of concern. Martinez proceeded to gaze at JOHN DOE’s genital area in a lustful manner. Martinez fondled JOHN DOE’s penis and proceeded to lift it up and down twice. Martinez then began caressing JOHN DOE’s testicles. Martinez continued to lustfully gaze at JOHN DOE while fondling JOHN DOE’s penis and testicles. This sexual contact was unwelcome and offensive.
- While Martinez was fondling JOHN DOE’s penis and testicles, he inquired whether JOHN DOE’s penis was working properly. JOHN DOE felt very uncomfortable with Martinez’ touching and inquiry of JOHN DOE.
- There was no medical reason for Martinez to grab JOHN DOE’s penis or caress his testicles. Martinez’ unpermitted, harmful and offensive contact with JOHN DOE was unrelated to any medical diagnosis or treatment.
JOHN DOE NO. 128v. PALM SPRINGS GENERAL HOSPITAL, INC. OF HIALEAH was filed yesterday in Miami-Dade County.
JOHN DOE NO. 126 v. PALM SPRINGS GENERAL HOSPITAL, INC. OF HIALEAH was on November 14, 2014 Miami-Dade County.
Jeff Herman, the attorney for the victim in this case, stated: “A hospital must protect vulnerable patients from sexual assault by hospital employees.”
In November, Jeff Herman announced the filing of a lawsuit against PALM SPRINGS GENERAL HOSPITAL for the sexual assault of another male patient, who captured the the alleged incident on video.