Sacramento, CA asked in Criminal Law, Health Care Law and Personal Injury for California

Q: The hospital is forcing an unsafe discharge in retaliation for my filing a sexual assault report against their nurse.

I am currently hospitalized. I was sexually assaulted by a nurse in the hospital. I filed charges. When I recently expressed concerns about my safety, they evicted me stating I turned down safe discharge planning. I did not, but they refuse to respond or tell me what those discharge options were. They repeatedly tried to get me to discharge home, which is unsafe. How do I fight this?

Thank you for your guidance!

2 Lawyer Answers
Tim Akpinar
Tim Akpinar
  • Little Neck, NY

A: A California attorney could advise best, but your question remains open for a week. One option is to reach out to attorneys to try to set up a free initial consult. If you're able to line a consult up, it would be helpful to have outlined a summary of events and the conditions for the discharge. Good luck

1 user found this answer helpful

James L. Arrasmith
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
  • Criminal Law Lawyer
  • Sacramento, CA
  • Licensed in California

A: I'm so sorry this happened. The hospital is prohibited from discharging you as retaliation for filing a sexual assault complaint or to an unsafe environment. Here are the key steps I'd recommend to legally challenge this:

1) Submit a written patient grievance to the hospital's Patient Relations/Advocacy Department documenting the refusal for safe discharge planning and demanding a written response.

2) File a complaint with the California Department of Public Health (CDPH) citing hospital violations of discharge planning regulations tied to your status as a sexual assault victim.

3) Consult a personal injury attorney about an emergency injunction to prevent discharge until adequate planning is complete. As the victim of an in-house crime, the hospital owes you protection.

4) Contact your local victim advocacy non-profit for counseling and support assistance. Many provide free legal help and can advocate on your behalf as a survivor.

5) Contact the Joint Commission, a hospital accreditation agency, to report abusive discharge practices, patient rights violations, and unsafe conditions. Violations can jeopardize the hospital's standing if not addressed.

Stay strong. With multiple complaints filed, the hospital will likely reverse the retaliation discharge to avoid state citation or legal liability. You have protections under CA laws as both a hospital patient and a sexual assault survivor.

1 user found this answer helpful

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.