Hospital liable when physical therapy assistant sexually assaults patient. $1.5 million. Los Angeles County.

Summary

Hospital denies negligence when female patient claims assault by a physical therapy assistant.

The Case

Case Name: Margarita De La Rosa vs. White Memorial Medical Center
Court and Case Number: Los Angeles Superior Court / BC477781
Date of Verdict or Judgment: Monday, March 07, 2016
Date Action was Filed: Sunday, January 01, 2012
Type of Action: Negligence, Sexual Battery
Judge or Arbitrator(s): Hon. Stephen Moloney
Plaintiffs:
Margarita De La Rosa, 68
Defendants:
White Memorial Medical Center
Type of Result: Jury Verdict

The Result

Gross Verdict or Award: $1,568,750
Contributory/Comparative Negligence: Hospital was found 65% at fault, and the individual perpetrator was 35% at fault.
Economic Damages:
Past medical: $6250
Future medical: $62,500
Non-Economic Damages:
Past emotional distress: $800,000
Future emotional distress: $700,000
Trial or Arbitration Time: 10 days
Jury Deliberation Time: 1 day
Jury Polls: 10-2

The Attorneys

Attorney for the Plaintiff:
Attorney for the Plaintiff:
Taylor & Ring by David M. Ring and Louanne Masry, Los Angeles.
Attorney for the Defendant:
McCurdy & Leibl by Kathryn Mosely and Lee Moulin, Sherman Oaks.

The Experts

Plaintiff’s Medical Expert(s):
Elena Konstadt, Ph.D., psychology, Los Angeles.
Defendant's Medical Expert(s):
Thomas Ciesla, M.D., psychiatry, Santa Monica.
Plaintiff's Technical Expert(s):
Dave Powers, physical therapy, Pacific Palisades.
Defendant's Technical Expert(s):
Maria Zibell, physical therapy, Los Angeles.
David Lewin, Ph.D., human resources, Los Angeles.

Facts and Background

Facts and Background:
In 2011, plaintiff was a 68-year-old female who underwent physical therapy at defendant hospital. After a physical therapy session plaintiff reported a sexual assault to the police.The police conducted an investigation but no arrest was made.
Plaintiff's Contentions:
That female plaintiff \was sexually assaulted by a male physical therapy assistant during a physical therapy session at defendant White Memorial Medical Center. That defendant hospital was liable for the conduct of the physical therapy assistant.
Plaintiff claimed that the physical therapy assistant (PTA) took her to a private room and during the course of doing soft tissue mobilization on her back and legs, he intentionally touched her genitals. The male PTA had a prior complaint about touching another female patient improperly over the clothes several months earlier at the same location.
Plaintiff's statement to the police was consistent with this version of events.
Defendant's Contentions:
The defendant hospital claimed that no sexual assault occurred and if anything happened at all, according to the plaintiff’s report to the police, the PTA's elbow grazed plaintiff's groin area during the massage.
Hospital claimed that plaintiff's story changed over five times from no touching of the genital area to alleged digital penetration and an intentional sexual assault. The hospital also claimed the prior incident involving the PTA had nothing to do with a sexual touching, as patient was clothed and event was observed and that the hospital properly supervised the PTA at all times.

Injuries and Other Damages

Physical Injuries claimed by Plaintiff:
Serious emotional distress suffered by the plaintiff, including PTSD.

Special Damages

Special Damages Claimed - Past Medical: $6,250
Special Damages Claimed - Future Medical: $62,500

Print this Verdict

Disclaimer

This is not an official court document. While the publisher believes the information to be accurate, the publisher does not guarantee it and the reader is advised not to rely upon it without consulting the official court documents or the attorneys of record in this matter who are listed above.