Professional Negligence Law Reporter

Doe, who was in her 20s, went to a hospital emergency room for treatment of stomach pain. She suffered a panic attack, prompting her admission to the hospital’s psychiatric unit, where she was sedated. One evening, another patient allegedly entered Doe’s room and raped her.

Doe claimed that the hospital was liable for failing to protect her while she was a patient on the psychiatric unit and provide adequate patient supervision, including conducting regular rounds.

The defense argued that the claims were subject to the medical malpractice damages cap. The defense also disputed that the claimant had been raped, asserting that she may have mistaken a cervical exam for rape.

The parties settled for $1.25 million.

Citation: Doe v. Roe Hosp., settled before filing, July 2020.

Claimant counsel: Jon Marko, Detroit.