Social Worker Charged with 9 Counts of Sexual Abuse against Mental Health Patients
On August 5, 2022, social worker Christopher Lee Smart, 63-years-old, was arrested on 9 counts of felony sexual assault that he perpetrated on mental health patients at Patton State Hospital. The facility, located in San Bernardino County, is a state-run forensic hospital that can house over 1,200 patients at any given time. Patients at the facility have been committed for psychiatric treatment by the court system, which means that they are mentally incompetent or suffering from severe mental illness.
According to the San Bernardino District Attorney’s Office, the incidents took place between 2014 and 2018. Charges that were filed against Smart include 5 counts of rape against an individual incapable of giving consent, two counts of sexually penetrating an incompetent person, and two counts of oral copulation on an incompetent person.
It’s impossible to know for sure how many victims suffered at the hands of this predator. If you were sexually abused by Christopher Lee Smart or another individual while you were staying at Patton State Hospital, please take a moment to contact our office. Legal remedies may be available to you, including monetary damages to compensate you for the harm you’ve suffered. However, it’s essential to retain experienced legal representation in these cases, which is precisely what we can offer you here at Normandie Law Firm.
An experienced lawyer for Patton Hospital sexual abuse cases is waiting to speak with you, so don’t hesitate to give us a call.
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I was Sexually Assaulted at Patton Hospital – what are my Rights?
It’s clear that the perpetrator of these horrible crimes is Christopher Lee Smart. However, you have to wonder how Smart was able to get away with his crimes for at least several years. Were there complaints about Smart from patients and staff members at the clinic that were ignored by hospital administrators? Was he left with these patients for long periods of time, and was that a good idea considering that some of these patients were mentally incompetent? Did Smart have a prior history of sexual assault that may have been uncovered had the hospital conducted a thorough background check?
These are just some of the issues that may indicate negligence by Patton State Hospital. Sadly, this is a common situation at psychiatric hospitals due to a number of reasons, including understaffing, poor training, and lack of security measures. Mental health patients are exceptionally vulnerable in these situations, as they are purposely targeted by sexual predators. If you or someone you know was one of these patients who was sexually abused at Patton Hospital, you may be entitled to monetary damages, such as medical expenses, lost income, pain and suffering, mental anguish, and punitive damages.
We know how scary it is to come forward and speak about this horrible chapter in your life. Perhaps you’re afraid that no one will believe you because you were struggling with a mental health issue at the time. Our lawyers are here for you with the compassion and empathy you deserve. Your consultation with us is completely confidential, and there is no pressure to take legal action if you’re not ready to take that step. However, please know that we are more than ready to fight for you and the settlement you deserve.
How to File a Claim / Lawsuit for Sexual Abuse against Patton State Hospital
Suing for a sexual assault incident at Patton State Hospital is a complicated process due to the fact that the facility is managed by the California Department of State Hospitals. Government agencies and their employees are immune from lawsuits in most cases, but there are exceptions to this rule that will allow you to seek monetary damages. Negligence by the facility or their employees, which directly caused or contributed to the abuse you suffered, is one of these exceptions. However, there are specific actions you must take before you can proceed with a lawsuit, which our attorneys will walk you through step-by-step.
You may also be wondering about the option of joining a class action with other victims. Right now, there is no class action for these cases, but it’s certainly a possibility as more victims come forward. We can help you join a class action as it becomes available, but in the meantime, you can still move forward with a claim for compensation.
What is the Average Value of a Patton Hospital Sex Abuse Lawsuit?
This question is difficult to answer when it comes to sexual abuse lawsuits, considering that many of the injuries in these cases are psychological in nature. Of course, victims can have physical injuries like damage to the reproductive organs, unwanted pregnancy, and STDs (sexually transmitted diseases). However, the mental scars that are left behind are much more difficult to deal with. You deserve compensation, but how do you put a dollar value on pain and suffering, emotional distress, and other “invisible” injuries?
Our attorneys can help you with this dilemma by meeting with you in person and discussing the impact that the abuse has had on your life. This is an intensely personal issue, and as a result, there is a significant variation in case values from claimant to claimant. Based on our decades of experience in the recovery of sexual abuse settlements, we would say that these cases are worth between $1 million to $7.5 million. Keep in mind that this is an estimated range, which may or may not reflect the value of your own case against Patton State Hospital. If you’re interested in learning what you can potentially receive from a lawsuit, please call us to schedule a free case review.
How long does it take to get a Settlement if I File a Claim?
How long it will take to settle your case depends on many circumstances, including the type of legal action you file, the severity of your injuries, and the other side’s willingness to admit liability. That last part is particularly important with sexual assault claims, which is something no organization wants to be associated with. Sometimes, hospitals are quick to pay out these cases in order to avoid negative press, meaning a settlement may be negotiated in just a few months. However, resistance by the defendant is common with these cases, meaning that a lawsuit may be necessary. Based on the court’s schedule and the legal actions that are required, it may take 1 or more years to recover your payment.
Statute of Limitations – How long do I have to Sue my Injuries?
The statute of limitations for a sexual assault case depends on your age at the time of the incident. If you were 18 or older, you would have 10 years from the date of the abuse (or the last incident of abuse) to file a lawsuit. If you were under 18 at the time, you would have a case for child sexual assault, which has a much longer statute of limitations. You are eligible to sue for compensation up until the age of 40, or 5 years from the date of discovering the effects of being sexually abused as a child. Under Assembly Bill 218, you can go by whichever date comes later, so it’s important to discuss the nature of your abuse with an experienced childhood sexual assault lawyer.
Free Legal Services under the Zero Fee Guarantee
With everything you’ve gone through, the last thing you need to worry about is the cost of hiring an attorney. Sadly, concerns over how to afford legal fees is one of the biggest obstacles for sexual abuse victims in their fight for justice. Hopefully, we can put your mind at ease with the Zero fee guarantee. All services at our law firm are free to you, starting from the very first consultation. We ask for our fees to be paid along with your settlement award, meaning “we only get paid if you get paid.”
We also provide free legal services to those with active claims at other law firms. If there are any questions or concerns you would like to discuss with another attorney, please contact us for a free second opinion. No matter the issue, you’ll receive a confidential case review from one of our attorneys. This is your opportunity to ensure that your case is on the right track, or what you can do if there are legitimate areas of concern.
Our law firm is ready to speak with you 24 hours a day, 7 days a week. Contact us for a free case evaluation on your rights and legal options.
Other Pages on Our Website Related to This Topic
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