Were you a patient at Atascadero State Hospital who was sexually assaulted or abused during your stay? Did lack of security and other acts of negligence cause one of your family members to be sexually abused while they were committed to Atascadero State Hospital? The sexual abuse lawyers of Normandie are here to advise you of your rights, including the right to sue the hospital and the state of California for breaching their duty of care to a mental health patient.
Atascadero State Hospital, formerly the California Department of State Hospitals – Atascadero, is a maximum-security, all male facility for convicts with serious mental illnesses. The hospital is located halfway between Los Angeles and San Francisco in San Luis Obispo County. Only those who are referred by the courts are housed at this facility, which is the largest employer in the city of Atascadero.
In spite of its size and impressive workforce, lack of supervision, poor training, and other forms of negligence can lead to the abuse of patients, which is why sexual assault is a common issue at many psychiatric centers. Recently, the hospital was almost sued by the United States Justice Department for violating the Civil Rights of Institutionalized Persons Act. The hospital has taken actions in order to comply with the CRIPA, but whether they will step up in their commitment to protect patients from physical and sexual assault remains to be seen.
Furthermore, it’s important to recognize the many victims who suffered in the past due to neglect and misconduct at this facility. If you are one of these individuals, you deserve the opportunity to seek compensation from a sexual abuse claim against Atascadero State Hospital. For more information on your available legal options, please contact a state hospital sexual abuse lawyer at our office.
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Can I Sue if I was Sexually Abused at Atascadero State Hospital?
Yes, you can sue for being sexually violated while you were a patient at Atascadero State Hospital. A lawsuit can be filed against your abuser, but most of these lawsuits are filed against other individuals who were in charge of running the hospital. In addition, you may have grounds to sue the California Department of State Hospitals, which is the agency that monitors state-run medical centers like Atascadero State Hospital.
Negligence can take place on many levels at a psychiatric center due to issues like understaffing, lax hiring practices, and lack of security, particularly at night. These conditions put patients at risk of sexual and physical assault by staff members, visitors, and trespassers. Patients can also be groomed by predatory clinicians who abuse their power over these individuals and manipulate them into a sexual act.
Frankly, many of these hospitals should have been closed years ago, but they are allowed to stay open for decades while patients continue to suffer from the trauma of sexual abuse. The state department issues violations and recommendations, but very little is done afterwards to ensure that these hospitals have cleaned up their act. This too, is a form of negligence that can serve as grounds for a sexual assault lawsuit.
As you can see, liability for the abuse of a mental health patient is a complex subject, but please know that we are with you every step of the way on our journey to recovery. Money cannot make up for everything you’ve gone through, and there are some injuries from being sexually abused that will never fully heal. But healing from sexual abuse is possible, especially when you have the necessary funds to move forward in a positive direction.
Statute of Limitations to Sue Atascadero State Hospital
If you or your family member was sexually abused while staying at Atascadero State Hospital, the deadline to file a lawsuit is 10 years from the incident date. If there were multiple incidents of abuse, the 10-year window would start on the date of the most recent incident.
You can also base the deadline for a lawsuit on the date of discovering an injury that was caused by sexual assault. Patients at a mental health ward may not always be aware of what’s happening to them, and it may be years before they learn that they were sexually abused by someone at the hospital. Or, they repress memories of the incident because they are so traumatized by what they went through. Either way, it can take years before they realize a physical or psychological injury resulting from sexual abuse at Atascadero State Hospital. With the discovery rule, you have 3 years to file a sexual abuse lawsuit, starting from the realization of one or more injuries.
Some of this information may be confusing to you, but rest assured that our legal team is here to help you with all your questions and concerns.
Average Value of a Sexual Abuse as a Patient Lawsuit
Settlement values for a mental health patient sex abuse lawsuit can range from $2,000,000 to $7,500,000 if you were sexually assaulted, meaning you were subjected to physical acts of sexual abuse like rape, oral sex, and inappropriate touching. Claims of sexual solicitation or harassment generally have lower values, and these cases may settle for $450,000 to $1,500,000.
However, there are many factors that affect how much you can receive from a lawsuit against Atascadero State Hospital. The actions or lack thereof by hospital administrators is a critical issue when it comes to how much a sexual abuse lawsuit is worth. Considering the fragile mental state of these patients, supervisors have the highest degree of care when it comes to security matters and supervision of the employees.
Repeated and egregious levels of failure in these areas constitute gross negligence, which can increase the value of a state hospital sexual assault claim by several million dollars. Under these circumstances, a Atascadero State Hospital sexual abuse lawsuit may settle for over $10,000,000.
How Long will it Take to Recover my Payment?
The amount of time to settle a mental hospital sexual abuse case is 12 to 24 months on average, though timelines can vary from a few months to several years. However, most cases take longer than 6 months due to the complicated procedures that are involved when you are suing a government entity like the California Department of State Hospitals.
More than 95% of lawsuits handled by our attorneys are settled through direction negotiations with the defendant. In the rare event that your case is tried in court, the process of obtaining a jury verdict can take over 3 years. However, it’s more than likely that we will reach a settlement, as it’s in everyone’s best interest to avoid the time and expense of going to court.
Contact Our Law Firm
State-run psychiatric units serve an essential purpose, and it’s generally assumed that the patients at these places are cared for by experienced and compassionate professionals. Sadly, incidents of sexual assault and physical abuse occur on a frequent basis at facilities like Atascadero State Hospital. Abused patients and their loved ones deserve the chance to seek justice from the entities that failed to protect them.
By giving us a call, you can speak to a Atascadero State Hospital sexual abuse claims lawyer about your rights and legal options. If you are interested in filing a lawsuit, we charge you absolutely nothing, as all of our attorneys work on contingency. That means we only get paid by winning your case and securing the settlement you deserve from the responsible parties.
To schedule a free case review with a sexual abuse at a hospital lawsuit attorney, contact our law firm as soon as possible.
Other Pages on Our Website Related to This Topic
Metropolitan State Hospital Sexual Abuse and Assault Lawyer
Central Valley Juvenile Hall Sexual Abuse and Assault Lawyer
Oxnard Elementary School District and High School Sexual Abuse Attorney
