A judge's decision has paved the way for the majority of claims involving allegations of sexual abuse and other forms of mistreatment, to proceed, as alleged in a lawsuit filed by former patients in Virginia.
The parties in the matter before Cavedo were at odds, in part over whether allegations of sexual misconduct in a medical setting should be covered under the malpractice law’s two-year statute of limitations, or the 20-year window laid out in a statute. UHS and its co-defendants argued that the vast majority of plaintiffs had waited too long to bring their claims.
"The factual allegations of the plaintiffs’ pleadings address conduct unrelated to any health care or professional service that Cumberland and its staff — including Doctor Davidow — should have rendered to each plaintiff individually," he wrote. Biniazan said he planned to file Monday for reconsideration of Cavedo's decision regarding J.L.E and K.T.
Joseph Farchione, an attorney representing the hospital and UHS, said the judge's ruling and potential next steps by his clients were under consideration.
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