Pitkin County woman claims she was sexually assaulted while recovering from surgery
December 12, 2013
VAIL — A Pitkin County woman claims she was sexually assaulted while recovering from back surgery at the Vail Valley Medical Center, but didn't report it to the Vail police until a month later.
In its response the hospital denied the allegations.
In her lawsuit, the woman said the doctor who examined her told her cuts on her labia could be from the catheter, and that "excoriations on her vagina were not uncommon in that area after surgery."
The woman, called Jane Doe in her civil suit, was admitted to the hospital Sept. 21, 2011, for back surgery. She said she believes she was sexually assaulted while she was unconscious in the patient care unit room.
She said she noticed she felt sore while she was taking a shower about 48 hours after surgery. She said she felt sore in her vaginal area and felt there were "cuts" on her labia.
An ob-gyn physician performed a pelvic exam, but the hospital did not request a sexual assault forensic medical exam, Doe's lawsuit said.
She claims that the hospital should have notified police and that forensic evidence was lost.
The two sides are scheduled back in court July 9, to set a trial date.