UHS to Appeal $535M Negligence Decision After Rape

Universal Health Services (UHS) and its subsidiary Pavilion said that it plans to appeal a jury award of $535 million against one of its behavioral health subsidiaries after a 16-year-old patient raped a 13-year-old patient at one of its facilities. A jury in Illinois Champaign County found that the healthcare company was negligent for allowing the rape to occur. Attorneys for the 13-year-old and her mother highlighted testimony from former employees who said that the adolescent floor was understaffed and difficult to monitor. Expert witnesses raised concerns that male and female patients were housed on the same floor and the 13-year-old’s room was right next to the 16-year-old’s.

Lawyers for UHS argued that the 16-year-old (who is now deceased) was solely responsible for the rape, and that none of their employees expressed concerns that the unit was understaffed. Nonetheless, the jury saw fit to award the plaintiff punitive damages in the amount of $474 million. $60 million was awarded for compensatory damages. The jury dismissed one claim against the healthcare company related to fraud.

Pavilion is a 122-bed behavioral health facility that offers inpatient, outpatient, and other services to individuals as young as 4 years old as well as adults and seniors.

UHS taken aback by verdict

UHS indicated that “based on a search of verdicts in comparable cases, the magnitude of this verdict is unexpected and is unprecedented for a single-plaintiff injury case of this type in Champaign, County, Illinois.” UHS wrote that Pavilion is “evaluating all legal options and intends to challenge this verdict in post-judgment trial court proceedings and on appeal.”

UHS said that the subsidiary has a professional liability insurance policy that would cover a fraction of the jury award. However, the case’s ultimate outcome and award damages “may have a material adverse effect on the company,” UHS wrote.

Elements of negligence 

You may be wondering, how do you hold a behavioral health clinic responsible for a rape? Well, the allegations in this case mirror allegations in many medical malpractice cases or cases involving nursing homes. The plaintiff argued that the facility was understaffed and that because of that understaffing, this rape was allowed to occur. When in a behavioral health setting, the individuals in the ward are extremely vulnerable. They are owed a duty of care to protect them from potential injuries. In this case, the behavioral health clinic failed in its duty of care to keep the patient safe from harm. Regardless of the size of the verdict, this should have never occurred and it was preventable.

Talk to a Springfield, IL Personal Injury Lawyer Today 

Patel Law, PC represents the interests of those who have been injured due to acts of negligence. We handle dog bite lawsuits, slip and fall lawsuits, premises liability lawsuits, auto accident lawsuits, and more. Call our Springfield personal injury lawyers today to schedule an appointment, and we can begin investigating your case right away.

Source:

fiercehealthcare.com/providers/uhs-appeal-535m-negligence-decision-against-subsidiary-warns-potential-adverse-material