IN PREVIOUS issues, we discussed sexual harassment in the workplace and how to identify whether a conduct by a boss or a co-worker constitutes sexual harassment. The law has specific requirements. Sexual harassment occurs when:
1) There is a business, service, or professional relationship between the complainant (plaintiff) and the harasser (defendant).
2) The defendant made sexual advances or demands for sexual compliance, or engaged in other verbal, visual or physical conduct of a sexual nature, that were unwelcome and persistent or severe.
3) There is an inability by the plaintiff to easily terminate the relationship.
4) The plaintiff suffers an economic loss or personal injury, including emotional distress as a result of the harassment.
However, sexual harassment does not only happen to workers in a work environment. It could happen to a patient in a hospital, where the harasser may be a hospital employee. Such was the experience of Courtney Rosenberg, while she was a recuperating surgery patient at then Encino Tarzana Regional Medical Center (now called Providence Tarzana Medical Center).
In April 2006, Courtney had an ovarian cyst removed. She was confined at the hospital after surgery. A hospital employee, nurse assistant Ramon Rodas Gaspar, kept going in and out of her room several times and made inappropriate remarks to her. At some point, Gaspar told her he wanted to check for bleeding but in fact he sexually assaulted her. At first, Courtney was ashamed and embarrassed about being victimized. She finally told her boyfriend. She also reported the incident to the Los Angeles Police Department where a detective was assigned to her case.
Because of the incident, Courtney suffered post-traumatic stress disorder. She saw a psychiatrist, was on medication for depression, panic attacks and sleep disturbance. As a marriage and family therapist intern, she used to help severely disturbed victims of sexual abuse but now could not do this type of work.
Courtney sued the employee and the hospital, alleging that the hospital failed to protect her from her attacker. Gaspar was arrested but posted bail and thereafter became a fugitive. In the course of the lawsuit, it was discovered that several other female patients at the hospital had also been victimized by Gaspar. Some of these patients had complained to the hospital but it seemed that the hospital did nothing to address the problem.
At trial, the jury that found the hospital and its former owner, Tenet Healthcare Corp., jointly liable for negligence and sexual harassment and awarded Courtney $2.36 million in compensatory damages. The jury also found that the hospital acted with malice and was told to pay $65 million in punitive damages to Courtney, an amount that was even higher than what Courtney’s attorney had asked for.
According to the jury foreman, Stephen Wystrach, the large punitive damage award was because they believed that the hospital could have intervened and acted sooner against Gaspar when other female patients complained about him, but the hospital chose not to act.
As illustrated by the above case, the weak and vulnerable can be victimized by sexual harassment – patients in hospitals, seniors in retirement facilities, students in schools. Even now, the news media is full of stories about the serious allegations of child sex abuse by the famous Penn State football assistant coach, Jerry Sandusky, and how the school did nothing to stop the abuse.
Establishments need stronger procedures in place to be able to act swiftly when complaints of this nature arise. If the complaint procedures are inadequate, the victim may report the matter to the police or seek experienced legal help. The sooner the misconduct is disclosed, the better the chances of avoiding further incidents from occurring.
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C. Joe Sayas, Jr., Esq. is an experienced trial attorney who has successfully obtained significant results, including several million dollar recoveries for consumers against insurance companies and big business. He is a member of the Million Dollar-Advocates Forum—a prestigious group of trial lawyers whose membership is limited to those who have demonstrated exceptional skill, experience and excellence in advocacy. He has been featured in the cover of Los Angeles Daily Journal’s Verdicts and Settlements for his professional accomplishments and recipient of numerous awards from community and media organizations. His litigation practice concentrates in the following areas: serious personal injuries, wrongful death, insurance claims, unfair business practices, wage and hour (overtime) litigation. You can visit his website at www.joesayas law.com or contact his office by telephone at (818) 291-0088.
(Advertising Supplement)
(www.asianjournal.com) (LAWeekend Nov.26, 2011 Sec C pg.03)
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