Disabled woman sues Aurora hospital, saying she was sexually assaulted by patient

A physically disabled woman is suing an Aurora hospital, alleging she was sexually assaulted by another patient while being treated for depression.

The suit, filed Jan. 28 in Kane County Circuit Court, alleges Provena Mercy Medical Center failed to protect her from a patient in the psychiatric unit. The woman, who has spina bifida and uses a wheelchair, alleges the man entered her room on Jan. 30, 2006, and attacked her. She was able to scream and alert hospital staff, according to the suit.

The woman, who was 39 at the time, was living in an Aurora residential facility and had been admitted to the hospital's Hope Unit three days earlier suffering from depression.

"Here's a patient that was emotionally vulnerable and also physically vulnerable," said her attorney, Keith Johnson. "The hospital had a duty to protect her."

The man, now in an Elgin care facility, was not charged in the incident because police apparently took his significant psychiatric condition into account, Johnson said.

The lawsuit seeks damages of more than $50,000. Provena Mercy Medical Center did not return a phone call seeking comment.

Source: Chicago Tribune