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The plaintiff, a psychiatric patient under the legal guardianship of her father due to a severe mental deficiency, was admitted to the care of the defendant. The plaintiff was sexually assaulted by a hospital technician; an act which was captured on surveillance video. Due to her mental capacity and legal guardianship status, the plaintiff was legally incapable of providing consent.
The defendant argued that they had satisfied their duty of care by performing a standard background check through the State of Michigan, which flagged the technician as “Eligible” for employment. The defense further contended that the hospital could not be held vicariously liable for the independent criminal acts of its employee.
Plaintiff’s counsel argued that the state background check was insufficient and did not absolve the hospital of its duty to thoroughly vet potential staff. Evidence was presented showing that the defendant failed to investigate the technician adequately and did not take serious enough prior complaints lodged by a co-worker regarding his behavior.
Furthermore, plaintiff’s counsel successfully argued that under the Michigan Mental Health Code, the defendant owed a non-delegable duty to keep the patient free from abuse and neglect, rendering the hospital liable regardless of the criminal nature of the employee’s conduct.
Plaintiff’s counsel submitted the case information.
Action: Negligence and tort
Injuries alleged: PTSD, chronic depression
Case name: [Withheld] v. Pontiac General Hospital
Court/case no.: Oakland County Circuit Court (case number withheld)
Judge: Kwame Rowe
Amount: $14.95 million
Date: Jan. 30, 2026
Most helpful experts: Dr. Gerald Shiener
Attorney for plaintiff: Ali H. Koussan, Koussan Law, Detroit
