Spanish-speaking patient claims male nurse sexually battered her during examination

Kyle Barnett Aug. 16, 2012, 12:00am

Robert B. Evans

GRETNA – A Jefferson Parish woman has claimed a nurse sexually assaulted her during an examination.

Daisy Aguilar filed suit against Ochsner Clinic, an unknown male nurse and their insurer in the 24th Judicial District on July 13.

Aguilar claims she reported to the Ochsner in Kenner due to a high fever, ear infection and throat infection in July 2011 and that she was told by an unknown male nurse to remove all of her clothing, put on a hospital gown and lie down on an examination table.

The plaintiff claims that she was assaulted by the nurse. She claims the incident ended when she screamed "stop" and someone poked their head in the examination room to inquire about the yell at which point the nurse left and Aguilar's boyfriend returned to the room.

Aguilar asserts that she was too embarrassed to mention the incident until over a year later.

The unknown defendant is accused of willful and malicious sexual battery. Ochsner is accused of negligence for allowing a male nurse to examine a female patient without the presence of another staff member, allowing the nurse to establish a pattern of behavior that Ochsner should have known existed, not conducting a full criminal background check on the nurse, failing to ensure the well-being of Aguilar and placing her at harm.

An unspecified amount in damages is sought for bruises and soreness around the vagina area, severe emotional distress, loss of consortium, loss of service and society, mental anguish, extreme humiliation, pain and suffering, inconvenience and lost wages.

Aguilar is represented by Robert B. Evans of New Orleans-based Burgos & Evans, LLC.

The case has been assigned to Division H Judge Glenn B. Ansardi.

Case no. 717-016.

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