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Sexual Assault during a Sleep Study Lawsuit Attorney


If you’ve been suffering from a sleep order, your doctor may have recommended you for a sleep study a local hospital or clinic. These places, known as sleep centers, will monitor you while you sleep – typically overnight – and evaluate possible disruptions to your sleep pattern. This will allow your doctor to confirm and treat a sleep disorder, such as insomnia, sleep apnea, restless leg syndrome, and REM sleep disorder.

The testing itself is easy and painless – you are hooked up to a set of electrodes and left alone in a private, comfortable room. All you have to do is go to sleep while a sleep technician monitors you throughout the night. Under these circumstances, a sexual assault is the last thing you expect, but a sleep center presents many possibilities for sexual violence. The medical professionals and facility owners are responsible for your safety, which means they may be liable if you were sexually assaulted during a sleep study.

If you or your child suffered sexual abuse due to an act of negligence by the sleep center, call us right away to learn about your rights and legal options. The lawyers of DTLA can help you get justice and ensure that the responsible parties pay for your harm and suffering.

The Devastating Effects of Sexual Violence

Being sexually assaulted can result in many injuries to the victim, and not all of them are physical. In fact, most survivors find it harder to deal with the emotional injuries, which often stay with them for the rest of their lives. Sexual violence effects people in different ways, but most victims suffer from one or more of the following:

  • Damage to the reproductive organs
  • PTSD (post traumatic stress disorder)
  • STIs (sexually transmitted diseases)
  • Unwanted pregnancy 
  • Thoughts of suicide
  • Depression 
  • Self-harm
  • Flashbacks and panic attacks
  • Eating disorders 
  • Sleep disorders – unable to fall asleep, falling asleep at odd hours, sleeping much more than usual
  • Substance Abuse

While there is no way to erase what has been done to you, recovery is possible with help from trained and licensed professionals. So please reach out to a doctor, therapist, or a rape counseling hotline, such as RAINN (rainn.org or 800-656-HOPE) as soon as you can. On our end, we can advise you of your legal options and fight to recover the compensation you deserve.

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Can I Sue for Sexual Assault during a Sleep Study?

If you were sexually assaulted during a sleep study, you have the right to sue your attacker for monetary damages, such as medical bills, lost income, pain and suffering, and emotional distress. But what about the clinic or hospital that you went to for your sleep study? Can they be sued for your physical and mental injuries?

Yes, these places can be sued as well if their negligence directly or indirectly contributed to you being sexually assaulted on their premises. As for what counts as an act of negligence by a sleep center, here are some examples:

  • Broken / missing locks on doors that can provide entry to unwanted individuals.
  • Lack of security measures that can discourage sexual predators from assaulting sleep study participants (surveillance cameras, for ex.)
  • Careless security personnel or insufficient screening procedures for people entering the sleep center.
  • Lack of background checks or improper screening of employees to check for past incidents of sexual assault.
  • Failure to provide adequate training to ensure that employees take the necessary precautions to keep patients safe.
  • Failure to supervise the patient the entire time, especially minors, who are the most vulnerable to sexual attacks (distracted or careless sleep technician).

We can’t forget that children are recommended for sleep studies due to a variety of conditions, such as snoring and excessive fatigue during the day. Children are supposed to be accompanied by a parent, who stays with them in the room overnight. But it’s possible that the parent may need to leave the room for bathroom breaks or to accept an emergency phone call. Sleep technicians must be mindful of these situations and make sure that they are monitoring the child at all times. This is a duty of care that parents have the right to expect when they bring their child to a sleep center.

To learn more about your rights from a sleep study sexual assault attorney, don’t hesitate to give us a call.

Average Value of a Sleep Study Sexual Assault Case

An incident of sexual assault has lifelong consequences for the victim, which is why these cases are so valuable. On average, these cases are worth anywhere from $1 million to $7.5 million, depending on the type of injuries (physical and mental) and the degree of negligence by the defendant. Child sexual assault cases, for example, are subject to treble damages under California’s Assembly Bill 218. This means that if the defendant engaged in a cover up of sexual abuse (failure to report, concealing information, silencing victims, etc.), the plaintiff may be awarded triple the amount of damages. That’s why we typically see awards of $2.5 million and above for these claims. However, lawsuits involving adult victims have resulted in high settlement values as well, often in the range of $500,000 to over $2 million.

However, proving a case of sexual assault and recovering the funds you deserve is incredibly challenging. A sleep center sexual abuse lawyer at our office can help you receive the full value of your losses.

How long does it take to get Paid on these Cases?

The timeline for a case of sexual abuse is unpredictable, and there are many complications that can add to the amount of time to settle your case. The biggest issue is the fact that most individuals / organizations do not want to be associated with the stigma of sexual assault. This reluctance can lead to a sleep center wanting to settle your case as soon as possible. But you may also experience the opposite effect, meaning they will do everything they can to avoid admitting fault.

If the liable parties are willing to negotiate, a settlement may be reached within 6 months. But as we’ve said before, values for these cases are typically high, so it may take up to 18 months to agree on a fair amount of compensation. If we get to a point where it’s clear that the other side is unwilling to play fair, we can fight for your damages through a lawsuit. This process can take up 2 years or longer to resolve, depending on whether or not your case goes to trial.

How much Time do I have to File my Lawsuit?

If you are an adult at the time of your assault (18 years or older), you have up to 10 years from the date of your assault to file a civil lawsuit. In some cases, it may take longer for you to discover an injury or psychological effect from the assault. In that case, you have up to 3 years from the date of discovery to take legal action

For child victims, the statute of limitations is much longer. If the victim is under 18 at the time of the attack, they have up to 22 years from turning the age of majority (40 years old) to seek damages from the responsible entities. Alternatively, they have up to 5 years to file a lawsuit from the date they discover a psychological or physical injury associated with the abuse. These provisions are outlined in AB-218, which went into effect as of January 1, 2020. This law also provides a three-year window for the filing of child sex abuse claims that were expired as of January 1, 2020. Thus, you may be eligible for a lawsuit, even if your case happened many years ago. However, the lookback window is set to expire on December 31, 2022, meaning you have a limited amount of time to pursue a previously expired claim.

To verify your right to sue under AB-218 and get started on a claim for compensation, contact our lawyers as soon as possible.

Second Opinion from a Lawyer Experienced in Sexual Assault Cases

Are you unhappy with the quality of service you are currently receiving from your law firm? Are you frustrated by the lack of action on your case, or don’t agree with the advice your lawyer is giving you? If you’re wondering about your options when you’re in the middle of a lawsuit, we can assist you with a free second opinion.

The legal experts of DTLA can help you with any concerns you have and verify whether your attorney is taking the right steps to settle your claim. If switching your lawyer is in your best interest, we will take care of working out a termination agreement with your law firm. That way, you don’t have to stress over the prospect of firing your lawyer. On the other hand, your lawyer may be on the right track and it would be best to continue your case with them. There is no fee for the consultation either way, so please schedule a second opinion with one of our attorneys.

Contact DTLA Law Group

Facilities offering medical services have the highest duty of care to protect guests and visitors from harm. Unfortunately, many patients suffer sexual violence while staying at places like sleep centers. With reasonable security measures, proper screening procedures, and maintenance of the premises, most of these incidents are preventable. If you or a loved was sexually abused during a sleep study, you may be eligible to receive monetary damages from the responsible parties.

Of course, proving a case of negligence is easier said than done, and it’s essential to work with an experienced law firm. DTLA Law Group has decades of experience in the recovery of settlements for sexual assault victims, including survivors of child sexual abuse. In addition, we believe in free legal services for injury victims, which is why we offer a Zero fee guarantee. We cover all the costs associated with your case from day one, and only get paid once your case is settled. That means you can rest easy knowing that your finances are never at risk.

Our lawyers are here to guide you every step of the way. Contact our office to schedule a free case evaluation.


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