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!
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
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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
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