2 Buffalo Medical Employees Accused of Rape in the Last Week: What Are Your Rights as a Patient?

When you're in the hospital for any reason, you expect to be safe and secure during your treatment. But, two medical employees in Buffalo have been accused of rape in the last week. Time Warner Cable News reporter LaMonica Peters talks with a health care advocate about the rights all patients have when they're under care.

BUFFALO, N.Y. -- It's been a tough week for the health care industry in Buffalo. Last week, licensed nurse, Jordan Donalson, 23, was charged with rape of a patient at ECMC. Pamela Grzechowiak, 46, a mental health counselor, is also accused of rape and sexual abuse while working for Cazenovia Recovery Systems.

Health care advocate Margaret Sayers says all health care facilities are legally responsible for the safety of their patients.

"All health care settings including hospitals, operate under on what's called the Patient Bill of Rights and they're quite similar across the health care settings. There is one patient right that we all have for safety and comfort. That actually covers safety and freedom from harassment, verbal or physical abuse," said Sayers.

Cazenovia Recovery Systems released a statement about Grzechowiak's firing from the company. 

"Cazenovia Recovery Systems took all the necessary and appropriate actions in response to this situation. We immediately terminated the individual involved upon learning about the incident on March 1, 2016. We have fully cooperated with the New York State Justice Center in their investigation and will continue to do so. We commend the Justice Center for protecting vulnerable populations throughout New York State. Our agency is a vital partner in building successful lives in recovery. We consistently take immediate action to protect the safety of our residents."

Though no lawsuits have been filed at this time involving the Donalson and Grzechowiak cases, attorney John Elmore says the medical facilities could also be held liable for their employees' actions.

"The hospital has a huge responsibility for the patient's safety and security. When somebody goes into the hospital at points in time, they're unconscious. They are unable to defend themselves and protect themselves. They're in the sole custody and care of the hospital as their custodian. The hospital is responsible for their health and safety. If the employees are the ones that intentionally caused the injury, potentially there could be a large jury verdict," said Elmore.

Sayers says if you believe you've been violated while under medical care, immediately contact police for assistance.

The New York State Justice Center is investigating both the Donalson and Grzechowiak cases.