Texas Woman Sues Hospital for Medical Malpractice and Personal Injury

Texas Woman Sues Hospital for Medical Malpractice and Personal InjuryA 71-year-old woman has filed a lawsuit against Cypress Fairbanks Medical Center, claiming the hospital is responsible for gross negligence in an incident regarding a nurse who allegedly sexually assaulted the woman in a hospital room, Your Houston News reports.

According to the media outlet, Paula Alfaro has filed a lawsuit for medical malpractice and hired a team of lawyers specializing in personal injury cases.

The complaint, which was filed in district court on January 25, claims the hospital employee violated all standards of care and states the hospital is liable for the actions its employees commit while on the job. The lawsuit also alleges that the employee put Alfaro in a position where should could have been severely injured, yet he continued with conscious indifference to her rights, safety and welfare.

Alfaro’s medical malpractice attorney is seeking both punitive and real damages. He stated that a certified nursing assistant (CNA) who has been placed in a position of trust should not abuse his position, and added that Tenet Healthcare System has reported similar instances in another state, the news provider stated.

The alleged sexual assault occurred on May 3, when Alfaro checked into Cypress Fairbanks Medical Center with severe abdominal pain, nausea, vomiting, diarrhea and fever. Doctors determined she had gastroenteritis and a urinary tract infection.

The complaint states that the nursing assistant entered her room to change her adult diaper and clean her, but that instead, he allegedly sexually abused the woman. The CNA allegedly attempted to clean up after himself, but after bodily fluids were identified in the room, he was placed under arrest.

The following day, Alfaro went to Memorial Hermann Hospital for a medical and forensic examination, where semen was detected. The CNA, 40-year-old Manuel Alvarado, was arrested and charged with aggravated sexual assault of an elderly or disabled person, according to the media outlet.

Reports indicate that Alvarado has previously been charged with three crimes including assault, evading arrest and driving while intoxicated.

Alfaro’s attorney said that as a result of the incident, the woman has suffered physical pain and suffering, mental anguish and has had to undergo several medical treatments, and will need to receive more in the future.

According to KHOU News, Cypress Fairbanks Medical Center stated that it has been fully cooperating with the police investigation, and that it performed a background check on Alvarado before he was hired, but that he passed without any problems.