Bendigo Hospital patient claims male workers allegedly groped breasts, legs while sedated

Bendigo Hospital is facing a major lawsuit after two male technicians allegedly took advantage of a sedated patient in a “terrifying” assault.

A woman who allegedly woke in hospital to two male technicians assaulting her claims the incident left her so afraid to fall asleep that she suffered a stroke.

Lee, not her real name, alleges that the two men groped her breasts and touched her legs and neck while she was sedated ahead of a CAT scan after she was admitted to Bendigo Hospital.

The 55-year-old allegedly woke up to find the pair standing over her while they touched her, before she screamed and pushed them awake.

She said she was so traumatised by the alleged assault that she relied on a diet of coffee and red bull to stay away for up to five days after she was discharged, the lack of sleep causing her to suffer a stroke.

Lee was admitted to the hospital on September 3 2020 after presenting to its emergency department.

The men allegedly assaulted Lee as they prepared her for the scan, swearing and “smirking” at her as she attempted to remove her own jewellery.

The facade of Bendigo Hospital. Picture: Supplied

Lee told the Herald Sun the alleged assault had forced her to relive a previous incident during which she was raped in her own home about 30 years ago.

“I didn’t know where I was. I thought I had been kidnapped and raped again,” she said.

“I was a rape victim once before, and then I became a survivor. Now, I am a victim all over again.

“I thought it was a dream because I was in a hospital. You don’t get touched inappropriately in hospital.”

Lee said she was too “terrified” to return to hospital for two crushed discs in her back five weeks after the alleged assault.

She returned again months later for a hysterectomy, when Covid restrictions prohibited visitors in hospital, but her husband was permitted to remain in the operating room following reports of her alleged ordeal.

Lee has engaged law firm Arnold Thomas and Becker to launch legal action against Bendigo Health, who she alleges failed to prevent the alleged assault.

In a writ filed to the County Court, she claims the male workers touched her sexually without her consent, and that their conduct was of a sexual nature that “constituted sexual assault”.

She alleges the hospital did not have a system in place that could have prevented the staff members from assaulting her and is suing for loss of earning capacity and medical expenses.

Lawyers acting on behalf of Bendigo Health have denied Lee’s allegations, but acknowledged that her medical records documented her “yelling stating that she had been assaulted on the ward on a previous admission and in Emergency on previous admission”.

Bendigo Hospital has since made it compulsory for all male nurses to be accompanied by a female nurse when working with a female patient.

Lee’s lawyer David Thomas said Lee hoped to prevent anyone else from being assaulted by suing the healthcare provider.

“Lee was exploited while she was most vulnerable, by people who were supposed to care for her.”