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| FILE - This Jan. 25, 2019, file photo shows the Hacienda HealthCare, a long-term care facility in Phoenix where an incapacitated patient was raped and gave birth in 2018. AP Photo |
The two doctors who cared for the 30-year-old patient at Hacienda HealthCare also are accused in the lawsuit of failing to spot signs that she was carrying a baby, such as her swollen abdomen. The pregnancy was discovered in December 2018 only after a nurse saw the boy’s head during the surprise delivery.
The lawsuit said Nathan Sutherland, a licensed practical nurse charged with sexually assaulting the woman, had cared for her on hundreds of occasions from 2012 through 2018, despite promises from state employees that only women would tend to her.
The state, which contracts with companies like Hacienda to provide services to people with developmental disabilities, is accused of doing a poor job of monitoring Hacienda’s operations.
Chris Minnick, spokesman for the Arizona Department of Health Services, declined Friday to comment on the lawsuit.
The lawsuit was filed on Dec. 24 against Dr. Phillip Gear, who cared for the woman for a 25-year period ending in mid-September 2018, and Dr. Thanh Nguyen, who succeeded Gear.
Just For Kids, the medical practice that employed Gear, and Internal Medicine Consultants LLC, where Nguyen worked, also were sued.
The lawsuit said the woman would not have been sexually assaulted had Gear ensured that only female staffers cared for the patient.
A phone message left for Gear wasn’t immediately returned Friday. A woman who answered the phone at Just For Kids hung up twice when The Associated Press called seeking comment on the lawsuit.
The victim had lived at Hacienda for 26 years, until the child’s birth. Her medical conditions stem from a brain disorder that caused motor and cognitive impairments and vision loss. She was also left with no functional use of her limbs.
The woman’s mother is the boy’s guardian.
While the lawsuit mentions Hacienda HealthCare, the company wasn’t sued. Hacienda spokesman David Leibowitz didn’t immediate return a call Friday seeking comment.
Sutherland's DNA matched a sample from the woman's son, investigators say.
He was fired and gave up his nursing license after his arrest. His attorney, Edwin Molina, didn’t return a message Friday seeking comment on the lawsuit.
The lawsuit didn’t specify how much money her family was seeking. But an earlier notice of claim — a precursor to the lawsuit — requested $45 million.
Full Article & Source:
Arizona, 2 doctors sued over rape of incapacitated woman
See Also:
Trial Date Set For Man Accused Of Raping Incapacitated Woman At Hacienda Healthcare
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Arizona care unit where incapacitated woman gave birth to stay open
Hacienda HealthCare to cease operation at South Phoenix facility
Arizona governor calls for stronger protections after incapacitated woman’s pregnancy
Ex-nurse accused of impregnating a severely disabled Arizona woman pleads not guilty
Lawyer: No proof nurse raped Arizona patient who had baby
Nurse arrested in rape of woman in vegetative state who gave birth at care facility
Center where comatose woman had baby faced criminal probe
Lawyer: Incapacitated woman who gave birth not in coma
Patient alleges abuse at Hacienda Healthcare, two staff members placed on leave
Facility CEO resigns after woman in vegetative state gives birth; new allegations emerge
Patient in vegetative state gives birth, sex abuse investigation underway: report
