Hospitals Liability for Patient Rape by Another Patient
Claimant brings this action sounding in tort, seeking damages of $ 100,000 pursuant to section 8(d) of the Court of Claims Act (Ill. Rev. Stat., ch. 37, par. 439.8(d)), on behalf of herself and her minor daughter. Claimant alleges that while hospitalized at Hospital, she was raped by another patient.
The nurse who examined Claimant after the incident stated that Claimant's uterus was enlarged and bleeding; she saw scratches on Claimant's back and blood on the sheets and gown as well as inside her thighs. This condition could have been due to Claimant's menstrual period.
The evidence reflects that a sexual act occurred between Claimant and the offender, that such act occurred by force, evidenced by the bruises and scratches on the body of Claimant, and that such act meets the statutory definition of rape.
Further, the history of Claimant's psychotic condition refutes the possibility of "consent".
As for responsibility of Respondent for the incident complained of, the history of Claimant, examinations conducted by Respondent's employees at the Hospital and their failure to keep Claimant from coming into any contact with the offender were negligent.
To determine whether the act complained of affected the ability of Claimant to care for her daughter, the evidence presented indicates that the psychotic condition, prior to the aforesaid incident, had the same effect on such custody and care of a baby as did her condition after said incident.
It is hereby ordered: That the Claimant is awarded $ 50,000 in full and complete satisfaction of this claim.