Case Overview
- Our client was medicated and sleeping in her room in a psychiatric ward when a male patient entered her room and sexually assaulted her.
- The hospital failed to protect our client from harm while under medication and sleeping.
- Our client earned compensation because she was under the care of a psychiatric facility when she was sexually assaulted by another resident.
Our client was medicated and sleeping in her room in a psychiatric ward when a male patient entered her room and sexually assaulted her. Despite our client’s extensive and complex psychiatric history, this incident resulted in a significant exacerbation of our client’s pre-existing psychiatric condition.
The hospital failed to protect our client from harm while under medication and sleeping. Each facility — whether a psychiatric hospital, a school or urgent care — owes its patrons a duty of care. They must provide a safe space for clients to come in and receive care without the fear of further harm.
This duty of care was breached for our client so she turned to Gerard Malouf & Partners for support.
“The hospital failed to protect our client from harm while under medication and sleeping.“
Georgette Bechara
Our Approach
We argued that the hospital failed to conduct a risk assessment of the plaintiff and her assailant. The facility failed to provide and maintain patient security in the ward against the risk of harm, particularly for the plaintiff who was medicated and sleeping in her room.
We also argued that the hospital failed to monitor and supervise patient movements. They should have had a system to reasonably prevent or restrict the unsupervised entry of other patients into our client’s room whilst medicated and sleeping.
Furthermore, the hospital failed to separate the plaintiff from other patients likely to assault her. Our arguments helped our client win $115,000 in compensation.
While the sum of money received by victims of sexual assault will never resolve the traumatic experience or reverse past wrongs, it helps victims find some sense of closure.
If you have an enquiry in relation to an assault incident, please call us at 1800 004 878 or fill out an enquiry form to speak to one of our experienced lawyers.
The Result
Our client settled her claim for $115,000 against a hospital in NSW for an incident involving sexual assault perpetrated by another patient during her admission at a psychiatric ward.
Frequently Asked Questions
More Information
Division 10 of the Crimes Act 1900 outlines the criminal offence of sexual assault, as well as the definitions for ‘sexual intercourse’ and other related terminology.
Put simply, sexual assault constitutes any unwanted sexual behaviour committed by one person or a group of people towards another without consent. Continue reading for more information.
The Civil Liability Act was enacted in 2002 to ensure that people who were injured had the ability to seek redress through the courts.
The Act applies to a number of circumstances where negligence forms part of the claim. Click below to learn more.
The National Redress System was set up in the wake of the Royal Commission into Institutional Responses to Child Sexual Abuse (2013 to 2017). It is designed to offer support and financial compensation to victims. Claims can be made until June 2027.
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