24 July 2023
WICHITA, Kan. (KSNW) — A third patient allegedly sexually assaulted while in the hospital has filed a lawsuit against Ascension Via Christi Hospitals Wichita Inc.
Police allege that a man sexually assaulted three patients at Ascension Via Christi St. Francis Hospital on June 15. Police arrested 28-year-old Miguel Rodela, and he was charged on Jun 21.
Hutton & Hutton Law Firm filed a lawsuit on July 10 for the first patient. It sued on behalf of the second patient, an 82-year-old cancer patient, on July 17.
On Monday, July 24, the law firm announced it is also suing on behalf of the third patient, a 47-year-old woman. The lawyers say the woman was hospitalized after a vehicle crash and is recovering from a traumatic brain injury. The lawsuit claims she was in soft restraints at the time of the alleged attack, meaning her arms were tied to her hospital bed, so she could not remove medical equipment.
Investigators allege that Rodela sexually assaulted a patient on the eighth floor, then a patient on the seventh floor, and then went to the third patient on the sixth floor. Police allege that Rodela was on top of the third patient, lifting her clothing, when hospital security found him.
In a news release, Hutton & Hutton Law Firm claims that the third victim’s family only learned what happened from law enforcement.
“It’s awful,” Andrew Hutton, attorney, said. “She was absolutely helpless, and Ascension failed to even inform her or her family what had happened.”
The law firm claims that the alleged attacker was wearing a T-shirt and basketball shorts when he entered the hospital behind an employee just after midnight on June 15.
In each case, investigators have said that St. Francis staff entered the patients’ rooms while the suspect was in the rooms. The employees who questioned him told police that he claimed to be an employee or a family member.
In the case of the third patient, the lawsuit claims that a certified nursing assistant noticed the patient’s door was closed. The CNA entered and saw an unknown man in the room, looking out a window.
The lawsuit says the CNA asked the man if he was family, and he indicated that he was. The CNA told the man she needed to adjust the patient’s position, and the man allegedly helped the CNA move the patient to a sitting position.
“The hospital’s failures are different in each case but equally hard to believe,” attorney Blake Shuart said. “In this case, we have a completely helpless patient whose arms were strapped to the bed and Ascension’s nursing assistant actually walking in on the offender and asking him for help with patient care.”
The CNA left the room and told a couple of nurses about the man. A nurse and security guard went to the room and confronted him.
Security officers struggled with the man, and Wichita Police Department officers were dispatched to help. The man was arrested.
The lawsuit claims “medical negligence, ordinary negligence and premise liability” on the part of Ascension Via Christi. It also claims “loss of consortium” because of the impact on the woman and her husband. The lawsuit is seeking an amount “in excess” of $75,000.
KSN News contacted Ascension Via Christi for its response to the lawsuit. A spokesperson said the hospital does not have a new comment and pointed us to the statement that was released after the first lawsuit:
“The safety of our patients and associates is of the utmost importance to us which is why, as we have previously shared, we continue to review our security measures and implement new procedures and workplace safety education for all associates as opportunities for improvement are identified. Beyond that, we do not comment on pending litigation.”
Ascension Via Christi