Breaching Patient Confidentiality

Topics: Hospital, Psychiatric hospital, Tort law Pages: 3 (1179 words) Published: August 28, 2013
Module 1- Intentional Tort
Samuels vs. Southern Baptist Hospital taking place February 13th 1992 in Louisiana. A minor age sixteen Rochelle Harris and her family sue for an Intentional tort from the Southern Baptist’s former employee Raymond Stewart. The injury that occurred here was an incident of a common everyday tort known as rape. Ms. Rochelle was sixteen at the time of this intentional tort she had been admitted to a psychiatric ward at Southern Baptist Hospital by her parents from an attempt of suicide this being the third time after being abused as a young child by her Step Father. During her stay Ms. Rochelle’s family came to visit her when there is visitation and are able to check her progress. More than a week had gone by after being checked into the facility then one night around 1 am Ms. Rochelle had been in her room asleep when a nursing assistant by the name of Raymond Stewart came to check on her. She had awoke to find him inappropriately touching her and she tried to get away then ran into the bathroom where she was washing up and a few minutes he joined her in the restroom where Mr. Stewart proceeded and raped her because she could not lock the bathroom door when there was no lock in the first place.

Ms. Rochelle went to report what happened but the staff would not let her make a call to her parents, so she then ran to another patient’s room Ms. Moore to tell her what had happened and that she had been raped by the nursing assistant. After Rochelle had left Ms. Moore’s room she requested to use the phone and Mr. Stewart set the phone outside her door requesting that she try and calm Rochelle down, and he disappeared. The injury happened because as stated above; A.)There should have been surveillance recording in the hallways showing the time frame from when Mr. Stewart entered and left Ms. Rochelle’s room to when Rochelle had left her room heading for the front desk asking for help, and when she had gone into Ms. Moore’s room. B.) The...
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