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Lawsuit: Male nurse at Desert Springs Hospital improperly touched patient several times

A lawsuit against Desert Springs Hospital in Las Vegas is claiming that a male nurse improperly touched and sexually assaulted a patient multiple times while the patient was admitted for treatment.

Craig Drummond, the lawyer for the unnamed plaintiff, said in a lawsuit filed Monday in Clark County District Court that Desert Springs and the nurse are liable for financial damages from his client’s “emotional distress, mental anguish, pain and suffering” as well medical, legal expenses and wage losses.

Drummond accused Desert Springs of negligence for failing to maintain its premises in a safe manner, protecting the patient from harm and for hiring the nurse, Dino Avellaneda, whom the hospital should have known had “dangerous propensities” against patients.

The civil suit also charges Avellaneda with assault, battery, intentional infliction of emotional distress and vulnerable person abuse.

Gretchen Papez, a spokesperson for Desert Springs, said Saturday that the hospital doesn’t comment on pending litigation.

Avellaneda could not be reached Saturday. A hospital operator said he no longer works at the hospital.

Multiple instances of sexual assault alleged

Based on the court filing, the plaintiff, identified as “John Doe” and by the initials “T.H.,” entered the emergency room at Desert Springs last Oct. 16 for depression, post traumatic stress disorder, schizoaffective disorder and bipolar disorder.

The male patient was admitted that day to the hospital for in-patient psychiatric treatment. On Oct. 21, Avellaneda, a ward nurse, brought the patient into the bathroom, disrobed him and touched his genitals, according to the lawsuit.

Shortly afterwards, the suit alleged Avellaneda came to the plaintiff’s bed and touched his genitals again.

Drummond claims the plaintiff reported the incidents to a doctor at Desert Springs and at one point Avellaneda “made payment to Plaintiff T.H. with cash money as an apology for the sexual assault and unwanted touching.”

After reporting the matter to Desert Springs personnel, the plaintiff discharged himself from the hospital and filed a report with Las Vegas police, Drummond stated.

The plaintiff later learned after a custodian of records at the hospital certified his medical documents that there was no mention of the unwanted touching, according to the suit.

Contact Jeff Burbank at jburbank@reviewjournal.com or 702-383-0382. Follow him @JeffBurbank2 on Twitter.

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