Sexual abuse can occur anywhere. However, one place people seldom think about sexual abuse is in a hospital – until it happens to them or someone they love. Tragically, the people we trust with our healthcare could be the people who cause injury and emotional harm.
Our Dallas, Texas, personal injury attorney at Jay Murray Personal Injury Lawyers has over 28 years of experience handling personal injury claims. We have won hundreds of millions of dollars for our clients, which resulted in attorney Jay Murray becoming a lifetime member of the Multi-Million Dollar Advocates Forum.
Our Dallas injury lawyer is a seasoned and aggressive trial lawyer who has won numerous trials. However, he is also a fierce negotiator who has settled 95% of our cases without litigation, which means putting money in your pocket quickly and without the additional cost of litigation. Nonetheless, we are prepared to go to court when necessary to gain justice for you.
Contact Jay Murray Personal Injury Lawyers at (214) 855-1420 to schedule your free consultation with a Dallas hospital sexual abuse lawyer. We are available 24/7 to discuss your case with you. Our attorney accepts cases on a contingency fee basis, so you don’t pay attorney’s fees until we win your case.
How Our Dallas Personal Injury Lawyer Can Help With a Hospital Sexual Abuse Claim in Texas
We expect a hospital to be a place of healing. It is a safe place for individuals who are vulnerable because of an injury or illness. It is not supposed to be a place where sexual predators take advantage of children and adults seeking medical care and treatment.
Sexual abuse causes physical, mental, and emotional harm. The damage caused by hospital sexual abuse could have long-lasting consequences. If you were the victim of hospital sexual abuse, you deserve to be compensated for the pain, suffering, and financial losses related to the abuse.
Jay Murray Personal Injury Lawyers has top ratings from respected legal organizations. Attorney Jay Murray has been named a Texas Super Lawyer by SuperLawyers Magazine since 2004. He is included in the Top 100 Trial Lawyers list by The National Trial Lawyers.
When you hire our top-rated hospital sexual abuse attorney, you can expect us to:
- Investigate the abuse allegations to gather evidence proving what happened to you
- Identify all parties responsible for the sexual abuse and damages
- Work with medical specialists, psychologists, and other experts to gather evidence related to the allegations and damages
- Determine how much your hospital sexual abuse is worth based on documented damages
- File insurance claims and handle all matters related to settling those claims
- Negotiate a fair personal injury settlement for your hospital sexual abuse case
- File a lawsuit and go after the parties responsible for the hospital’s sexual abuse if necessary
Sadly, many cases of hospital sexual abuse go unreported. Patients are too frightened or embarrassed to report the abuse. They might think that no one will believe them.
At Jay Murray Personal Injury Lawyers, we’re on your side. We provide support, guidance, and legal advice when you need a trusted Dallas personal injury attorney.
Call Jay Murray Personal Injury Lawyers to schedule your free case evaluation with an experienced hospital sexual abuse lawyer in Dallas, TX.
Examples of Hospital Sexual Abuse Cases in Dallas, TX
Our Dallas hospital sexual abuse lawyers handle all types of sexual abuse cases by healthcare workers. Sexual abuse by a healthcare worker can take many forms. We handle all types of hospital sexual abuse claims including, but not limited to:
- Inappropriate touching during examinations or procedures
- Verbal harassment in the form of sexual comments or jokes, lewd comments, and sexually suggestive conversations
- Manipulating or coercing a patient to engage in sexual acts because of the abuser’s position of authority at the hospital
- Inappropriate use of devices or materials while interacting with patients
- Sexual exploitation, including taking sexually explicit photographs of patients
- Exchanging sexual favors for medical treatment
- Sexual assault, including rape and other forms of non-consensual sexual acts
A hospital worker who engages in any form of sexual abuse can be charged with a criminal act. They can be prosecuted under the Texas Penal Code and punished with prison, fines, and other criminal penalties.
In addition, the person could also be personally liable for damages the patient sustains because of the sexual abuse. The hospital may also be liable for damages under vicarious liability because the abuser was their employee. The hospital could also be liable for negligent hiring, retention, investigation, or supervision.
How Do I Prove Liability for a Hospital Sexual Abuse Claim in Dallas, TX?
The victim has the burden of proving the sexual abuse occurred and that they sustained damages. The level of proof is by a preponderance of the evidence, which is lower than the proof required for a criminal conviction.
Evidence that can be used to prove a hospital sexual abuse claim includes, but is not limited to:
- Medical records
- Testimony
- Sexual assault forensic exam
- Videos
- Physical evidence
- Trace evidence
- Biological evidence (i.e., DNA, fingerprints, and more)
The evidence must establish the legal elements of a hospital sexual abuse injury claim. You must prove the hospital owed the patient a duty of care and what the duty of care was given the facts of the case.
You must also prove that the hospital breached the duty of care owed to the patient or is vicariously liable for their employee’s actions. Finally, you must prove that you suffered damages because of the sexual assault.
What Damages Can I Receive for a Hospital Sexual Abuse Case in Dallas, TX?
Victims of hospital sexual abuse can suffer many different types of harm. They may be physically injured because of the abuse. The patient may also experience extreme emotional distress because of the sexual abuse.
If you were injured because of hospital sexual abuse, you could seek compensation for your economic and non-economic damages, including:
- Medical bills and expenses, including the ongoing cost of medical treatment for long-term or permanent conditions
- Loss of income, benefits, wages, and earning capacity
- Emotional distress and mental anguish
- Physical pain and suffering
- Loss of quality of life and enjoyment of life
- Out-of-pocket expenses
- Counseling and mental health therapy
- Disabilities, impairments, scarring, and disfigurement
There could be other damages available depending on the facts of your case. In some lawsuits, the defendants are “punished” for their behavior because of gross negligence or acting with malice. Therefore, you could receive punitive damages if the jury decides your evidence supports the legal elements for ordering punitive damages.
How Much Is a Hospital Sexual Abuse Case Worth in Dallas, TX?
It is impossible to place a price tag on someone’s suffering. Sexual abuse can cause life-altering consequences for a hospital patient. However, the court’s only remedy for hospital sexual abuse is a money judgment.
Therefore, we look at the factors of the case to calculate how much your claim is worth. Factors that impact the value of a hospital sexual abuse case in Texas include, but are not limited to:
- The types of injuries the person sustained and the medical treatment required for those injuries
- The patient’s appearance before and after the assault (i.e., scarring and disfigurement)
- The level of any impairment the sexual abuse might have caused
- The severity of the emotional and mental harm caused by the sexual abuse
- The duration of the patient’s recovery from the abuse
- The need for ongoing therapy and counseling
- Whether the person can return to work or earn an income
- The strength of the evidence proving the sexual abuse occurred and the patient sustained damages
The hospital and insurance provider will likely offer a low settlement amount to close the claim. Do not accept a settlement offer without legal representation. You could be entitled to more money than the hospital and insurance provider offers.
What Is the Deadline for Filing Lawsuits for Hospital Sexual Abuse in Texas?
The statute of limitations for sexual assault cases in Texas can be difficult to calculate without knowing the facts of your case. Depending on the type of lawsuit you intend to file, you could have anywhere from two to five years.
Lawsuits filed after the statute of limitations expires are subject to dismissal by the court. The judge is not required to consider whether you have a valid claim to dismiss the claim for missing the deadline.
The best way to protect your right to file a lawsuit and pursue a claim in court is to talk with a Dallas hospital sexual abuse attorney as soon as possible after the abuse occurs.
Schedule a Free Consultation With Our Dallas Hospital Sexual Abuse Lawyer
If you or a family member was the victim of sexual abuse in a hospital, we want to help. Contact Jay Murray Personal Injury Lawyers to schedule a free case review with our Dallas hospital sexual abuse attorney. Let us help you hold the parties responsible for your suffering and injuries accountable for their conduct.
Visit Our Personal Injury Law Office in Dallas, TX
Jay Murray Personal Injury Lawyers
2512 State St
Dallas, TX 75201
(214) 855-1420
