Dr. P. Phillips Hospital
ORLANDO – A sexual assault victim claims an Orlando hospital and members of its medical staff failed to “order, perform, or preserve” toxicology testing for drugs or alcohol, leaving her without much-needed answers.
Plaintiff Kirsten Childress filed her lawsuit February 16 in U.S. District Court for the Middle District of Florida, Orlando Division.
The named defendants include Orlando Health Inc., which owns and operates Orlando Health-Dr. P. Phillips Hospital, which provided emergency department care to Childress; Paige Molitz, a Florida-licensed physician assistant who evaluated and later discharged and referred Childress; Victim Service Center of Central Florida Inc., or VSC, which provided sexual-assault forensic medical services, including SAFE/SANE examinations; and Kay Barrington, a Florida-licensed registered nurse and forensic nurse who performed Childress’ SAFE/SANE examination.
A Sexual Assault Forensic Examination – SAFE or SANE – is a free, confidential medical exam conducted by trained nurses or clinicians to collect evidence, document injuries, and provide preventative care following sexual assault. It can be done within 120 hours of an assault.
In her 27-page complaint for medical negligence, Childress claims she presented at Orlando Health on May 20, 2023 within hours of the assault with symptoms and history consistent with possible drug-facilitated sexual assault, or DFSA.
“Plaintiff had profound gaps in memory and could recall only flashes of events,” her lawsuit states.
“In DFSA-suspect presentations, toxicology decisions are time-critical medical care. The detection window is narrow. A reasonably prudent emergency department and forensic program must recognize DFSA indicators and make timely, medically appropriate toxicology decisions, including obtaining and preserving clinically indicated specimens.”
The harm caused by the failure to timely obtain and preserve clinically indicated specimens is not contingent on proving that a particular substance would have been detected, Childress contends.
“The harm is the irreversible loss of a time-sensitive clinical diagnostic opportunity to rule in or rule out incapacitating intoxication and to provide intoxication-informed medical counseling, discharge safety planning, and follow-up guidance – an opportunity that cannot be recreated once the medically appropriate window closes,” the suit states.
Under the prevailing standard of care, where a patient exhibits impaired memory or fluctuating lucidity, providers must not rely on the patient alone to convey critical clinical history or urgency.
“Providers initiating discharge, referral, or transfer must execute a clinically competent transfer of care, affirmatively communicating material DFSA indicators and time-sensitive testing considerations to the receiving provider,” the suit states.
Childress alleges that despite DFSA indicators and the availability of specimen collection in the emergency department, Orlando Health and Molitz did not obtain and preserve urine and/or blood for medically appropriate DFSA toxicology assessment during the available detection window.
“Orlando Health and Molitz discharged Plaintiff and directed her to report to VSC for a SAFE/SANE examination,” the suit states.
“Orlando Health and Molitz did not execute a clinically competent transfer of care that affirmatively communicated DFSA indicators, impaired memory, neck trauma, and time-sensitive toxicology considerations to VSC in a manner that did not depend on Plaintiff’s compromised ability to self-advocate.”
Also, she alleges VSC and Barrington did not order, perform, or preserve toxicology testing for drugs or alcohol despite DFSA indicators and available specimen(s).
“Defendants’ failures foreseeably worsened Plaintiff’s condition beyond the baseline harm of the underlying assault by depriving her, during an acute crisis, of time-critical clinical answers and intoxication-informed counseling and safety planning that a reasonably prudent provider would provide when DFSA cannot be ruled out,” her complaint states.
“The resulting loss of real-time clinical assessment and guidance predictably increased confusion and self-blame, delayed informed treatment and counseling decisions, and exacerbated trauma-related symptoms in a manner attributable to negligent clinical care rather than solely to the assault itself.”
Childress seeks compensatory damages, costs, and interest.
Aylstock Witkin Kreis & Overholtz PLLC in Pensacola, Cohen Hirsch LP in Atlanta, and Lenze Lawyers PLC in Ladera Ranch, California, are representing her in the action.
