Lawsuit Alleges Florida Hospital Mishandled Rape Survivor's Care

Case highlights lack of uniform standards for treating sexual assault victims in US emergency rooms

Published on Mar. 9, 2026

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A woman is suing a Florida hospital, alleging they botched her clinical assessment, made improper testing decisions, and incorrectly handled and documented evidence after she reported being sexually assaulted. The case highlights the lack of uniform standards for treating rape survivors in US emergency rooms.

Why it matters

This lawsuit raises concerns about the quality and consistency of care provided to sexual assault victims in emergency departments across the country. Without clear national guidelines, hospitals may be failing to meet their duty of care obligations, further traumatizing vulnerable patients during a critical time.

The details

The woman's attorney, Andrea Hirsch, a partner at the Cohen Hirsch law firm in Atlanta, said the hospital failed to perform a thorough sexual assault forensic examination, made improper testing decisions, and mishandled and improperly documented evidence collected from the patient. This alleged mishandling of the case could undermine any potential criminal prosecution.

  • The alleged incident occurred in 2025.

The players

Andrea Hirsch

A partner at the Cohen Hirsch law firm in Atlanta who is representing the woman suing the Florida hospital.

Dana

A fictional emergency department charge nurse portrayed in an episode of the HBO show The Pitt, who is shown providing a thorough, compassionate sexual assault forensic examination.

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What they’re saying

“That's not always how it goes.”

— Andrea Hirsch, Partner, Cohen Hirsch law firm (bloomberglaw.com)

What’s next

The lawsuit is ongoing, and the hospital's handling of the case could face further scrutiny.

The takeaway

This case highlights the need for hospitals to adopt uniform, trauma-informed standards of care for sexual assault survivors in emergency departments to ensure victims receive consistent, high-quality treatment and support during a deeply traumatic experience.