85-year-old woman claims sexual assault at Fresno hospital

FRESNO, Calif. (KFSN) -- Action News is investigating accusations of elder abuse at a Fresno hospital.

"They're so susceptible to someone who can prey on them," said ABC30 legal analyst Tony Capozzi.

An 85-year-old woman says she was sexually assaulted by a nurse, and her family says hospital administrators tried to cover it up.

A lawsuit targets San Joaquin Valley Rehabilitation Hospital and the accused nurse.

The woman went there in October to heal her broken leg, but left with a broken spirit. She says a nurse told her she's beautiful, then swooped in for a kiss. And he didn't stop there. In a recently filed lawsuit, the woman says her unnamed nurse sexually assaulted her on her hospital bed.

"To have something like this happen is bad enough, but then to cover it up, that's where you take it to a level of institutional wrongdoing," said the woman's attorney, Stephen Garcia.

Garcia says the hospital moved her into an isolation room and nurses often wouldn't respond to her requests for help. She says at one point, they even locked down her wheelchair so she couldn't move at all.

"If the facts set out in this complaint turn out to be true, there could be substantial damages," said Capozzi.

He says the first hurdle for the woman is proving the assault happened. Fresno police tell Action News they have an open investigation, but no charges have been filed.

A hospital administrator chose not to comment when we asked about the case. The hospital reported a client abuse claim to the California Department of Public Health at about the same time. The state found the claim to be unsubstantiated. But a state spokesperson couldn't confirm the claim came from the victim in this lawsuit. And her attorney says state investigators definitely did not interview the victim. Garcia says she has no memory problems, but now she's having nightmares and she'd rather forget. But she's filing suit to protect others at the hospital.

"Mrs. (last name redacted) and her family are absolutely adamant that this doesn't happen to anyone else," he said.

Capozzi says damages could be in the millions if the woman proves her case.

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UPDATE

San Joaquin Valley Rehabilitation Hospital CEO Mary Jo Jacobson chose not to respond to our reporter's questions Tuesday, but after our story aired, she sent this response Wednesday:

RESPONSE TO FORMER PATIENT'S ALLEGATIONS OF ELDER

ABUSE

While San Joaquin Valley Rehabilitation Hospital does not comment on

matters in litigation, it is concerned that false and misleading information has

been provided to the media regarding a pending legal case involving a former

patient. The Hospital did not cover up any allegation of abuse. Upon being

notified of this matter, the Hospital immediately contacted the California

Department of Public Health and the Fresno Police Department of the former

patient's allegations. In addition, the Hospital took appropriate action to

protect the former patient. To the Hospital's knowledge, CDPH and the

police thoroughly investigated these allegations, including interviewing the

former patient. As a result of its investigation, CDPH determined that the

former patient's allegations were baseless.

The Hospital is committed to provide excellent patient care and as part of that

commitment, to protect its patients from any form of abuse. Over the last

several years, no patient complaint to the CDPH has been substantiated. In

addition, the Hospital has a patient satisfaction rating of over 90%. The

Hospital's focus remains resolutely on delivering quality, compassionate

rehabilitative care to each of its patients.

About San Joaquin Valley Rehabilitation Hospital

San Joaquin Valley Rehabilitation Hospital is a 62-bed freestanding inpatient

acute medical rehabilitation hospital. The Hospital is accredited by the Joint

Commission (TJC) and The Commission on Accreditation of Rehabilitation

Facilities (CARF) Programs.

For more information about San Joaquin Valley Rehabilitation Hospital please

visit the hospital's website at http://www.sjvrehab.com.