Dual lawsuits have been filed against Augusta University Medical Center on behalf of a woman who was in a coma when she allegedly was raped in an intensive care unit.
The medical center is also accused of being the cause of the woman’s debilitated state through medical negligence. The Richmond County Superior Court lawsuits were filed Feb. 21 against AU Medical Center, AU Heath System, the Board of Regents and Dr. Rabii Madi.
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The victim and her sister, who is now her legal guardian, are not being named to protect the victim’s privacy. A lawsuit represents only one side of a dispute.
According to the lawsuits, the plaintiff was 61 years old and self-sufficient before Oct. 23, 2019, when she underwent surgery for the removal of a kidney. During the surgery, the lawsuit alleges her colon and the duodenum were injured, which is located between the stomach and small intestines. Although such injury is a known complication to that surgery, the lawsuit contends Madi should have brought in a specialist to assess injury and make repairs. The woman’s condition allegedly quickly deteriorated, and sepsis set in.
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While the woman was in a coma, she was attacked by her schizophrenic, homeless ex-husband who hospital security allowed to go up to the woman’s ICU room at 1 a.m., said the plaintiff’s attorney Jack R.B. Long.
According to the lawsuit, the woman was unconscious, intubated and in restraints Oct. 30, 2019, when she was sexually assaulted. A nurse on the surgical center ICU caught the man in the act of victimizing the woman and ordered him to leave, the lawsuit continues. Instead of stopping and holding the assailant for either Augusta University Police or Richmond County Sheriff’s officers, hospital security let the man get away and delayed reporting the crime for two hours.
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William H. Hayes, 63, was arrested Dec. 13, 2019, and charged in the attack on the victim. He was found incompetent and ordered on July 7 to be hospitalized in an attempt to restore him to competency. He remains hospitalized.
The victim is still dependent on her sister for all of her care and has been hospitalized repeatedly, Long said.
The lawsuit alleges the hospital was negligent in failing to protect the victim because staffing and training was inadequate.
Sandy Hodson is a staff reporter covering courts for The Augusta Press. Reach her at sandy@theaugustapress.com.