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$________ Hospital negligence - Negligent training and supervision - Plaintiff assaulted by defendant hospital's nurse employee - Emotional distress.

Suffolk County, MA

The plaintiff brought this claim for negligent training and supervision of the defendant hospital’s employee nurse. The plaintiff contended that while a patient at the defendant hospital, he was assaulted by the defendant’s male nurse. The plaintiff earlier settled with the defendant nurse. The defendant hospital claimed that it was not negligent in its supervision or training of the nurse, and that the plaintiff’s assault was the result of the actions of an individual not controlled by the defendant.

The plaintiff presented to the defendant hospital for a gastric procedure. While the plaintiff was an inpatient, the defendant nurse reached under the sheet of the plaintiff’s bed and grabbed the plaintiff’s genitals. The nurse had no record of prior acts of this type. The defendant nurse was found guilty in a criminal case. The plaintiff brought suit against the defendant hospital, claiming that the hospital failed to adequately train and supervise its employee resulting in the assault on the plaintiff patient. The plaintiff sought damages for emotional distress. However, the plaintiff had received no treatment for his trauma.

At trial, the plaintiff would have called his daughter as a witness. The plaintiff’s daughter was in the hospital at the time of the assault. She had gone to the cafeteria and returned immediately after the assault occurred. The plaintiff’s daughter would have testified that the plaintiff immediately complained to nurses on duty about the defendant’s nurse’s actions. The plaintiff also would have called a nursing supervisor from the defendant hospital. The nursing supervisor was expected to testify that the defendant provided no specific training intended to avoid specific types of actions like what happened to the plaintiff.

The defendant argued that the nurse’s assault on the plaintiff was the intentional criminal act of an individual. The defendant hospital asserted that it was not required to train its nurses not to assault patients.

The parties settled the matter prior to trial. The plaintiff settled with the defendant nurse for $________ and the defendant hospital for $________, for a total recovery of $________.

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