A patient in the Erie County Medical Center’s Comprehensive Psychiatric Emergency Program (CPEP) has been accused of sexually assaulting a fellow patient at the hospital. 26-year-old Dorian Harold is charged with two counts of criminal sexual act in the first degree and two counts of sexual abuse in the first degree.
The alleged assault reportedly took place on Monday, May 6 at around 11 p.m. The victim was a woman with dementia who was in a wheelchair and unable to resist the alleged assault. The assault allegedly lasted about five minutes and at least part of the incident was captured on video.
A nurse eventually stumbled upon the incident and “halted” the assault, according to a written statement from ECMC spokesman Peter K. Cutler.
According to the police report, Harold is a frequent patient of the CPEP unit at Erie County Medical Center.
It is not clear how or why these patients were left unsupervised.
Banville Law’s sex abuse survivors lawyers are proud to stand by survivors in their fight for answers, support, and justice. Our attorneys handle many cases involving the negligence of third parties who failed in their duty to prevent sexual abuse, such as hospitals, schools, and religious organizations. Here are some general thoughts on hospital liability for sexual assault:
Hospitals and other medical facilities have a legal duty to protect their patients from preventable dangers, including physical violence and sexual assault. If a hospital houses patients with psychiatric disorders or violent tendencies, it is doubly critical to make sure patients are supervised.
When one patient sexually assaults another in a medical facility, it’s important to determine if the facility met their legal duty to protect their patients. Some cases of patient-on-patient sexual assault may have been prevented if not for negligence by the facility, such as inadequate supervision.
If you or someone you love has been sexually assaulted in a hospital or healthcare facility, you can learn more about your family’s legal rights by speaking with an experienced sexual assault victims attorney.