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

[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.