There are certain legal situations where one party to a potential case faces accountability on two fronts - civil and criminal - and one former hospital worker could be finding that out firsthand soon after he was arrested Tuesday for allegedly attacking a former patient in a sexual sense. Although the criminal defendant no longer works for the hospital, this could open the exposure of liability to both him and his former employer.
According to the Miami Herald:
“Ivo Diaz Jr., 41, was arrested Tuesday and is charged with three counts of sexual battery.
Sgt. Frank Sousa, a police spokesman, said the accusations against Diaz stemmed from an examination last month at the Holy Cross Diagnostic Center.
Diaz conducted the examination alone with the victim — ignoring hospital rules that a female employee be present when a man examines a woman, Sousa said. He said Diaz asked if the patient wanted a woman in the room, but when she said yes he told her that none was available.
Diaz sexually battered the woman during the examination, police said.
Diaz, who lives in Miami-Dade County, was fired May 31 after he failed to update his certification as a technician, Sousa said.
The hospital released a statement through spokeswoman Christine Moncrieffe.
”Holy Cross Hospital is committed to the care and safety of its patients,” according to the statement.
“The individual involved is no longer employed by the hospital and we are cooperating fully with the ongoing investigation.”
While this horrible situation is difficult to fathom, it is possible that the hospital could escape some liability if the employee violated clear rules of procedure. Regardless, none of this will be known for some time, but if you or someone you love has been victimized by hospital or nursing home abuse, contact the Fort Lauderdale personal injury lawyers at Bernstein & Maryanoff immediately to schedule a free initial consultation. The firm has been fighting for the rights of those wronged for more than 20 years.
Thu, Jun 11, 2009
Personal Injury