Hospital, security company sued after patient is sexually assaulted
Grand Junction, CO Oct 1 2018
A woman who was sexually abused while lying comatose in the St. Mary’s Medical Center emergency room last year has filed a lawsuit against the hospital and its security company, claiming they are liable for failing to protect her as a patient.
The woman — who The Daily Sentinel is not identifying because she was the victim of a sexual assault — was both fondled and photographed without her permission by then 40-year-old Adam W. Stice while she lay in an emergency room bed on April 11, 2017. The attack was witnessed by both a security guard and a hospital registration specialist who called police after they spotted Stice on a security monitor touching the woman and taking pictures of her under a blanket, according to earlier reports.
Stice pleaded guilty to a single count each of unlawful sexual contact and assault. He was sentenced to 10 years in prison in August.
In March, the woman, represented by the Denver-based Reisch Law Firm, filed a civil suit against St. Mary’s and HSS Inc.
“Our case is based on the fact that they were negligent in allowing an unidentified or unknown visitor to be in the presence of an unconscious patient’s room … without supervision,” said attorney Steven Winegar. “It’s horrific what happened with our client.”
The suit, filed in Mesa County District Court, alleges that St. Mary’s and HSS Inc. were “vicariously liable” for — among other actions — failing to protect its patients by leaving them “insecure and unattended in hospital rooms,” by not having enough guards and by not performing a thorough intake of patient visitors, including Stice.
The suit also claims the hospital failed to “timely intervene against unsupervised visitors, including Stice, after being put on notice that said visitors were committing criminal acts against one of its patients.”
The lawsuit also claims both the hospital and security company were negligent in their hiring, retention and supervising practices. Lastly, the suit claims both organizations negligently inflicted emotional distress on the victim.
The suit is seeking unspecified damages covering “physical and mental pain and suffering, disability, physical and mental impairment, disfigurement, mental anguish, inconvenience, loss of capacity to enjoy life, impaired ability to earn income, loss of income and past and future medical expenses” on behalf of the woman.
The case is not currently set for a hearing and Winegar said attorneys representing the defendants have made a request to dismiss the case.
St. Mary’s Medical Center did not provide a comment on the suit Friday afternoon.
Daily Sentinel
