Hospitalized before trial, suspect sexually assaults patient at Modesto psychiatric center

Doctors Behavioral Health Center of Modesto was slapped with a $47,250 state fine for failing to follow procedures to safeguard patients and prevent an alleged sexual assault at the Claus Road facility in 2016.

The California Department of Public Health formally assessed the penalty against Doctors Medical Center, which oversees the 67-bed psychiatric center for adults.

The state announced the penalty Thursday when it issued a total of $550,000 in regulatory fines against 10 hospitals in California. Patients at those hospitals were placed in danger of injury or death when the facilities failed to comply with licensing requirements, a press release said.

An investigation found that a female patient at DBHC suffered “avoidable physical, emotional and mental harm” when she was sexually assaulted by a male patient. The man, who was not identified in the state report, had been admitted to the facility for treatment under a court order to restore his competency to stand trial.

An investigation concluded the man had sex with the woman without her consent on April 29, 2016.

A review of nursing notes indicated the man was sexually inappropriate in the days before the incident, including staring at female patients, exposing himself and masturbating in the day room. Staff noted that he groped a female patient that April 28 and engaged in other sexually aggressive behavior, prompting a doctor to order increased observation of the male patient.

A state inspector reviewed the hospital’s security video for April 29, which showed the man was unsupervised as he entered a hallway for female patients. He walked the hallway alone and then entered the female patient’s room where the sexual assault allegedly occurred. A staff member told a health investigator that, while making rounds, she saw the man assaulting the woman, who suffered from schizophrenia.

He was escorted from the room by staff, the report says. The woman was taken to Doctors Medical Center for a forensics examination, which revealed evidence of rape, the report says.

A doctor told an investigator in May 2016 the woman was incapable of giving consent “because of her level of psychosis and lack of ability to make choices.”

According to the state, the man was under a court order to receive treatment for schizophrenia.

Doctors Medical Center released a statement Thursday: “Patient safety is our foremost priority at Doctors Behavioral Health Center. As part of our continued efforts to provide quality care, we provided a plan to the state and implemented additional steps to prevent this kind of incident from recurring. We also added additional staff training and will continue to monitor our actions as part of our ongoing commitment to deliver excellent care.”

Following the state investigation, the hospital asked for a meeting with health officials to appeal the severity of the penalty. Hospital officials told the state the male patient was transferred back to county jail and the victim’s mother was informed about the incident.

The top executive of DBHC gave direction not to accept any patient transfers from the county jail or Superior Court until further notice.

The Sheriff’s Department and district attorney’s office have not provided information about the court-ordered defendant and whether the incident at DBHC resulted in criminal charges.

The state said the hospital failed to implement measures to deescalate the behavior of the court-ordered patient and safeguard patients and staff members. As a result, no staff members were available to intervene for the woman and prevent the assault.

This story was originally published December 28, 2017 at 4:35 PM with the headline "Hospitalized before trial, suspect sexually assaults patient at Modesto psychiatric center."