Woman wearing hijab attacked while waiting in emergency room, lawsuit says

[TexasTowelie]

DETROIT -- A woman checking into an emergency room in February was attacked by another patient because she was wearing a hijab, according to her lawsuit.

John Deliz had been discharged from Beaumont Hospital earlier Feb. 10, but he was waiting for a friend to pick him up and was asking others in the waiting room for cigarettes when he attacked the 19-year-old woman checking in for a possible broken jaw from a slip and fall, according to WDIV.

"She never saw it coming," Majed Moughni, the victim’s attorney, told WDIV.

In her lawsuit, the woman suffers emotional distress from the unprovoked attack and is seeking $25,000 in damages from the hospital, according to The Detroit News.

[msongs]

1. so how is the hosptial liable. most likely they "never saw it coming" either nt

[TexasTowelie]

2. It doesn't sound like there was any gross negligence or liability,

but a $25,000 claim demand is a nuisance suit. The claim demand is so low that it likely falls within the deductible for the hospital and they'll pay it so that they don't have to report it to their insurer. The claim will likely settle for $15k-$20k.

[Rhiannon12866]

3. Wouldn't the attacker be charged with assault?

And wouldn't they be liable?

[TexasTowelie]

4. That's how it is supposed to work.

The woman could file a civil lawsuit to obtain a judgment against the attacker. However, my guess is that the attacker is probably judgment proof and has no assets that can be seized. I doubt that any attorney would accept the case on a contingency basis so it will likely cost her more than it is worth and it is questionable as to whether she would get a sympathetic jury on a mental anguish case.

The hospital will shell out some money to bury the claim. It's in their best interest to avoid the negative publicity.

[Rhiannon12866]

5. I'm hardly an expert, but don't people who physically attack others usually face legal repercussions

Without the victim having to sue? Just saying...

[TexasTowelie]

6. The victim shouldn't have to sue

because the attacker committed a criminal act. If a judgment is rendered then it could require restitution as a financial penalty. However, I don't believe that the victim could receive restitution for an act of mental anguish in a criminal case (I'm certain that an attorney here will correct me if I'm wrong).

The civil lawsuit was filed against the hospital since they are the "deep pockets". In theory and depending on the jurisdiction, if the plaintiffs can prove that the hospital was joint and severally liable (such as inadequate security) then they could have to pay the entire court award even though the hospital may only be minimally at fault. Because of that risk, the hospital does have an incentive to pay the claim rather than to mount a costly defense.

[Rhiannon12866]

7. Ah! Well, I don't see how the venue could be seen to be at fault, it could have happened anywhere

But I take your point. It just baffles me why the victim would have to take action against the attacker - I thought that was the job of law enforcement.

[RandySF]

8. This guy has issues

He was at the hospital harassing other patients and even tried to walk down the hallways.

[HeiressofBickworth]

9. So, I'm guessing the hospital was sued

for failure to provide security to control the guy who was already harassing other patients before he attacked the young woman. If hospital personnel just stood around watching the guy without trying to control the situation, presumably this is where their liability may come from.

[llmart]

10. What hospital?

Troy or Royal Oak?