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Roger, Attorney
Category: Legal
Satisfied Customers: 31732
Experience:  BV Rated by Martindale-Hubbell; SuperLawyer rating by Thompson-Reuters
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We are NY residents. My husband is a psychiatrist and was

Customer Question

We are NY residents. My husband is a psychiatrist and was assaulted by a patient during an ER evaluation. There were a number of security personnel in the exam room at the time of the assault. My husband had a spinal cord injury and has not been able to return to work for over 3 years. We have been advised that we have no legal recourse against the hospital, even though security was present and had plenty of warning in that the patient first threw a chair at my husband. It has been determined that my husband is 100% disabled. Considering the number of security personnel presenr who did nothing, why can't we sue the hospital?
Submitted: 12 months ago.
Category: Legal
Expert:  Roger replied 12 months ago.

Hi - my name is ***** ***** I'll be glad to assist.

Expert:  Roger replied 12 months ago.

Generally, a person or entity is not legally liable for the criminal actions of a third party (such as this assault).

Expert:  Roger replied 12 months ago.

That's likely what you're being told. However, it is POSSIBLE to sue for negligent security IF there wasn't adequate security provided or if the security present didn't respond in a reasonable manner, etc. This is a more difficult argument to make, but it is possible and is certainly available to your husband in this circumstance.