Friday, January 29, 2016

Surgical Nurse Alleged to be Caught Masturbating During Procedure in Fresno Hospital

sexual assault, surgery, medical facility, California
When sexual harassment or abuse takes place during a surgical procedure, the act is especially egregious. That’s because individuals in these circumstances are expected to conduct themselves in a professional manner. Such a charge has been made by surgical assistant Nuvia Green, who alleges a pattern of nearly two years of such behavior at Adventist Medical Center in Hanford, CA.

Green filmed what appears to be nurse anesthetist Richard McGrory masturbating behind a curtain during the surgery. Though it’s not certain that the person in question is McGrory or that it took place at Adventist, the man exposed himself to Green. She remained in full view due to her placement during surgery and used a cellphone camera to document the action.

That incident, coupled with alleged similar treatment by a 57-year-old urologist Seetharaman Ashok, resulted in Green taking a leave of absence in September 2015 and filing a lawsuit against the two individuals and Adventist. Her claim is that the hospital was aware of the situation but did nothing.

Abuse Happens Everywhere

In many cases of this nature, the plaintiff is a patient from some type of treatment facility who was subjected to such actions. These can include hospitals, nursing homes, mental health centers or any other aspect of the health care system.

Such patients are very vulnerable because they’re either unclothed or may be under some form of sedation, preventing them from fighting off unwanted advances. In the case of a mental health facility, the credibility of the accuser will be used against them.

The predator in such cases can be a doctor, nurse or hospital staff member, such as an orderly. In all such cases, the institution employing them would be guilty of violating California state law that indicates that they either knew or should have been aware of the predator’s potential for such actions.

In Green’s case, no apparent physical abuse took place, which would allow for additional litigation under the California Dependent Adult Abuse Act. Here, defendants would be subject to compensatory, and potentially, punitive damages.

Litigating the Matter

The entire process for Green’s lawyers will involve determining the policies and procedures of Adventist prior to the start of the alleged harassment. Such documents need to be fully assessed in order to see if rules were in place or whether neglect by the hospital was the cause of the problem.

An extensive background check of both McGrory and Ashok will also be required, with Green’s legal team focusing at least part of their analysis on each of the accused medical professional’s work histories. Also explored will be what hospital management and supervisors knew about the pair.

Documentation is Key

One of the best ways for a patient or fellow medical professional to improve their chances of winning a case is to have either witnesses or past victims of the accused. Green has that in imaging technician Amy Miller, who is also part of the litigation and accused Ashok of similar behavior. In both instances, Ashok accused the women of professional misconduct.

Take Action

Sexual harassment and abuse in medical facilities occurs more than any of the slim reporting on the problem may indicate, in part due to instances where nothing is reported. 

Ignoring a situation won't make it go away, so if you or someone you know has been a victim of this type of behavior, contact a lawyer immediately. Filing a lawsuit based on emotional distress is the only way to gain justice against medical professionals who have abused their status.


For more information on civil clalims for damages related to sexual harassment, assault or abuse in medical facilities in Calfiornia go to: http://www.victimslawyer.com/hospital-patient-abuse-lawyer-california/ or http://www.victimslawyer.com/sexual-harassment/