Medical providers who allegedly mishandled rape examination at center of lawsuit
A woman is claiming that medical providers in Florida mishandled her sexual assault forensic examination in what her attorney describes as an unusual lawsuit. (Image from Shutterstock)
A woman is claiming that medical providers in Florida mishandled her sexual assault forensic examination in what her attorney describes as an unusual lawsuit.
Kirsten Childress sought care from the emergency room at an Orlando Health Inc. hospital within hours of being sexually assaulted in 2023, according to the Feb. 16 complaint, which was filed in the Middle District of Florida.
Despite appearing with symptoms consistent with drug-facilitated sexual assault, including memory loss, Childress alleges that the hospital and one of its physician assistants made improper testing decisions and incorrectly handled and documented samples.
Childress also is suing the Victim Service Center of Central Florida, where she was transferred for a forensic examination, and one of its forensic nurses.
Bloomberg Law has additional coverage.
Andrea Hirsch, a partner at Cohen Hirsch in Atlanta who represents Childress in the medical negligence suit, told Bloomberg Law that she couldn’t find records of anyone collecting or preserving her client’s urine or blood samples for toxicology testing. Bloomberg Law reports that without those samples, a survivor has a harder time negating a consent defense.
Sheridan Miyamoto, a nurse practitioner and the director of the Sexual Assault Forensic Examination Telehealth Center, is an expert witness in Childress’ case. Bloomberg Law reports that Miyamoto alleged in a pretrial filing that the hospital breached federal and state standards of care by failing to take blood and urine samples.
“The central issue here is whether the medical providers involved followed the prevailing standard of care when evaluating a patient who presented shortly after a reported sexual assault with symptoms consistent with possible drug-facilitated sexual assault,” Hirsch told Bloomberg Law. Childress’ “position is that the appropriate clinical steps were not taken.”
The hospital has not yet answered the complaint, Bloomberg Law reports. The Victim Service Center of Central Florida said in its answer that it cannot be a party to the suit because it is not a health care provider as defined by Florida law.
Write a letter to the editor, share a story tip or update, or report an error.
