Complaint:

 

---

 

COUNT ELEVEN (NEGLIGENCE PER SE AS TO HOSPITAL DEFENDANTS)

106. Plaintiffs repeat and reallege each and every previous paragraph of their Complaint as though fully set forth here at length.
107. At all times material hereto, Defendants HCA Raleigh General Hospital, HCA, Inc. and HCA - Hospital Corporation of America's duly authorized agents/servants were persons mandated by state law to report suspected child abuse and neglect to proper state officials. Commencing in 1989, and from thereafter, Defendants' agents/servants, acting within the scope of their employment, had reasonable cause to suspect the minor Plaintiff was the victim of abuse and neglect. Defendants' agents/servants therefore had a duty to report said abuse and neglect to proper state officials.
108. Defendants' agents/servants, without excuse or justification, negligently failed to report said abuse and neglect. Defendants' agents' failure to report said abuse and neglect was the direct and proximate cause of the minor Plaintiff's severe and irreparable injuries, said injuries being the foreseeable result of Defendants' negligence. Further, Defendants knew or should have known of the negligence of its agents/servants and the foreseeable injuries caused thereby.
109. Based on the foregoing, the minor Plaintiff is entitled to judgment against the Defendants, and each of them, jointly and severally, in the amount of $150,000,000.00 together with interest thereon until paid in full, attorney fees and Court costs incurred in these proceedings.

COUNT TWELVE (NEGLIGENCE AS TO HOSPITAL DEFENDANTS)

110. Plaintiffs repeat and reallege each and every previous paragraph of their Complaint as though fully set forth here at length.
111. In 1992, Defendants HCA Raleigh General Hospital, HCA, Inc. and HCA - Hospital Corporation of America entered into a "special relationship" with the minor Plaintiff when Plaintiff was admitted to Defendants' emergency room for injuries to her vagina and vulva. This special relationship gave rise to a duty in Defendant to report evidence that the minor Plaintiff was being sexually abused and to protect the minor Plaintiff from continued sexual abuse by the intentional misconduct of the minor Plaintiff's father, an employee of Defendant hospital. The intentional misconduct of the minor Plaintiff's father as well as the continuing danger of future harm to the minor Plaintiff was or should have been known to Defendants. During this special relationship, Defendants had sufficient control over the minor Plaintiff to protect her from the harm alleged herein.
112. Defendants' duly authorized agents/servants, acting in the course of their employment, without excuse of justification, breached their duty to the minor Plaintiff. The breach by Defendants' agents/servants was the direct and proximate cause of the minor Plaintiff's severe and irreparable injuries, said injuries being the foreseeable result of Defendants' negligence. Further, Defendants knew or should have known of the negligence of its agents and the foreseeable injuries caused thereby.
113. Based on the foregoing, the minor Plaintiff is entitled to judgment against the Defendants, and each of them, jointly and severally, in the amount of $150,000,000.00 together with interest thereon until paid in full, attorney fees and Court costs incurred in these proceedings.

COUNT THIRTEEN (NEGLIGENCE AS TO HOSPITAL DEFENDANTS)

114. Plaintiffs repeat and reallege each and every previous paragraph of their Complaint as though fully set forth here at length.
115. At all times material hereto, duly authorized agents/servants of Defendants HCA Raleigh General Hospital, HCA, Inc. and HCA - Hospital Corporation of America, in the course of their employment, engaged in an attempt to suppress evidence that the minor Plaintiff was the victim of sexual abuse committed by an employee of Defendant hospital, i.e., Plaintiff's father. Additionally, Defendants' agents/servants failed to report said evidence of sexual abuse to the proper authorities or to protect the minor Plaintiff from continued foreseeable sexual abuse. Defendants' agents/servants' acts and/or omissions exposed the minor Plaintiff to a foreseeable high risk of harm from the intentional misconduct of the minor Plaintiff's father. Defendants' agents/servants' acts and/or omissions were the direct and proximate cause of the minor Plaintiff's severe and irreparable injuries, said injuries being the foreseeable result of Defendants' negligence. Further, Defendants knew of should have known of the negligence and or intentional acts of their agents/servants and the foreseeable injuries caused thereby.
116. Based on the foregoing, the minor Plaintiff is entitled to judgment against the Defendants, and each of them, jointly and severally, in the amount of $150,000,000.00 together with interest thereon until paid in full, attorney fees and Court costs incurred in these proceedings.

COUNT FOURTEEN (NEGLIGENT TRAINING AND SUPERVISION AS TO HOSPITAL DEFENDANTS)

117. Plaintiffs repeat and reallege each and every previous paragraph of their Complaint as though fully set forth here at length.
118. At all times material hereto, Defendants HCA Raleigh General Hospital, HCA, Inc. and HCA - Hospital Corporation of America, a hospital providing wide ranging emergency room services to the general public, had a duty to train and supervise its doctors, nurses and other medical personnel in reporting procedures for child abuse. Defendants failed to adopt written guidelines for its personnel agents/servants to follow in reporting the sexual abuse of children or to instruct its personnel on these issues.
119. Notwithstanding its affirmative duty, Defendants failed to train and supervise its doctors, nurses and other medical personnel in their employ in the procedures to be followed for the reporting of child sexual abuse. Defendants failed to monitor the conduct of their agents/servants for compliance with state law mandating reports of child sexual abuse be made to state authorities.
120. Defendants' agents/servants, within the course of their employment and without justification or excuse, breached their duty to the minor Plaintiff. The breach by Defendants' agents/servants was the direct and proximate cause of the minor Plaintiff's severe and irreparable injuries, said injuries being the foreseeable result of Defendants' negligence. Further, Defendants knew or should have known of the negligence of their agents/servants and the foreseeable injuries caused thereby.
121. Based on the foregoing, the minor Plaintiff is entitled to judgment against the Defendants, and each of them, jointly and severally, in the amount of $150,000,000.00 together with interest thereon until paid in full, attorney fees and Court costs incurred in these proceedings.

---

 

• Complaint

• Facts

• Count's 1 & 2

• Count  3

• Count's 4 & 5

• Count  6

• Count's 7 & 8

• Count's 9 & 10

• Count's 11 - 14

• Damages