KC hospital failed to protect woman from sexual assault, lawsuit says
A Kansas City woman is suing an area hospital, saying the facility failed to protect her sister from being sexually assaulted while she was a patient there, court records show.
The woman filed the suit Monday in Jackson County Circuit Court against University Health and other identified and unidentified persons at the facility on behalf of her sister, who is the plaintiff in the case. The woman is her sister’s court-appointed guardian. The Star generally does not name victims of sex crimes without their permission. It is not naming the guardian in this story because naming her would identify the victim.
In July 2023, the plaintiff, who is nonverbal and has been intellectually delayed since birth, according to the suit, was residing at University Health for inpatient epilepsy management. After she spiked a fever and was found to have an increased white blood cell count, a urinalysis revealed that she had developed a sexually transmitted infection. Documents indicate the infection was not detected in prior testing.
“(The plaintiff) has never been sexually active and is incapable of providing consent for any sexual activity,” court documents say.
The plaintiff’s sister was made aware of the infection when her permission was needed to treat her, and she reported the sexual assault to the Kansas City Police Department. Detectives conducted an investigation but were “unable to determine a criminal component with the information they were provided,” according to Officer Alayna Gonzalez with the Kansas City Police Department.
Keith King, a spokesperson for University Health, said the hospital is unable to comment on pending litigation, but that patient safety is a priority.
“We follow all protocols in regard to reporting allegations of this type, fully cooperate with any investigation by law enforcement and have strict guidelines to protect all patients,” King said.
Suit claims University Health was negligent
The 26-page lawsuit outlines nine total counts, including multiple counts related to negligence. A count of assault and battery is brought forth against defendant “John Doe”, who is alleged to have sexually assaulted the plaintiff. Documents indicate that “John Doe” is unknown to the plaintiff but “may be known to defendants.”
The lawsuit alleges that University Health and other facility defendants failed to protect the plaintiff and prevent her sexual assault while in their care. Court documents argue the defendants had a duty to “properly supervise, protect and provide a safe environment” for her and “take reasonable steps to protect her safety” but were “negligent, careless and reckless and breached their duty of care” in multiple respects, including by failing to properly monitor, safeguard and protect the plaintiff from sexual assault.
The suit also argues that the facility defendants violated their legal and ethical responsibility by failing to report the assault to the proper authorities. Defendants also knew or “should have known” that hospital personnel were not adequately trained and supervised, required “significant supervision” due to “a history of sexual harassment, sexual assault, sexual molestation, assault and battery occurring at the facility” and presented a danger of sexual assault, court documents read.
The plaintiff’s injuries and damages were also foreseeable because a reasonable person could assume those suffered by the plaintiff may occur, according to the lawsuit, and the facility defendants should have recognized the potential danger posed to the plaintiff based on a history of physical and sexual violence occurring at the hospital.
The lawsuit goes on to argue that “it is a well-known and foreseeable risk when providing supervision to vulnerable . . . persons that others may attempt to have an abusive and/or inappropriate contact with them” and that the facility defendants failed to supervise and monitor the plaintiff to avoid the circumstances under which the sexual assault took place.
Providing ‘deserved and needed justice’ in sexual assault
The lawsuit seeks judgment in an amount that is “fair and reasonable” and additionally seeks relief deemed necessary by the Court and the costs of action. The plaintiff demands that a jury trial take place, the suit states.
Documents indicate that the sexual assault has caused the plaintiff to suffer from severe emotional distress and has left her with serious and permanent physical and psychological injuries.
“(The plaintiff) is one of society’s most vulnerable. Despite the expectation and promise that defendant (University Health) would provide her with proper safeguarding, she was allowed to be sexually assaulted while in its facility. Thereafter, defendant failed to report (the plaintiff’s) sexual assault to the proper authorities. With the filing of this lawsuit, we hope to provide (the plaintiff) with some much deserved and needed justice,” Nick Hillyard, the plaintiff’s attorney, wrote in an email statement to The Star.
