John Doe v. Good Samaritan Hospital CA5
Appellant alleges that he was sodomized by his roommate, K.W., while a patient in the adolescent psychiatric unit of respondent Good Samaritan Hospital Southwest (Hospital). He brought this action alleging that Hospital was negligent in placing K.W. in a room together with appellant, and limiting its efforts to supervise these patients to observation of each of them at 15-minute intervals, including not ordering one-on-one supervision. K.W.’s intake papers indicated that his hospitalization was involuntary, he recently had assaulted and injured his stepfather, and his younger siblings had to be protected from K.W. as a precaution.
Hospital brought a summary judgment motion, supported by a psychiatric nurse’s expert declaration, on grounds that it did not breach its duty of professional care in any respect or contribute to appellant’s injury in any way.
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