Welcome to the new Outpatient Surgery website! Check out our login FAQs.
Patient Sues, Claims She Was Raped During Colonoscopy
No evidence supports these "false claims," says clinic.
OSD Staff
Publish Date: March 11, 2015   |  Tags:   News

raped under anesthesiaA Portland, Ore., woman is suing the clinic that performed her colonoscopy last April for unspecified damages, claiming that she was sexually assaulted while under anesthesia, a charge the clinic vehemently denies.

According to news reports, the unidentified 60-year-old woman says she woke up upset and crying after the procedure at the Oregon Clinic, in Portland, and told her husband she was experiencing pain that felt like "rough sex." A few days later, after the pain persisted, she saw her gynecologist, who said she had injuries consistent with rape. Her gynecologist referred her to the emergency room at St. Vincent's Medical Center, in Portland, where an ER physician noted internal and external bruising and abrasions. However, because several days had passed, no DNA samples were taken.

The ER staff notified police, but the investigation stalled. The 4 employees who'd treated the woman had all hired lawyers, and 3 refused to talk to the police. The fourth, according to the lawsuit, was willing to answer only some questions, and only with his lawyer present. The police later suspended the investigation, determining there was "insufficient evidence to identify the person responsible for the alleged sexual assault."

According to the suit, 3 men were in the room during the colonoscopy — a physician, a medical assistant and a CRNA. The fourth employee, a female RN, treated the woman after the procedure.

The Oregon Clinic has issued a statement, saying in part: "These same allegations were thoroughly investigated by the Washington County Sheriff's Office and the Oregon Medical Board last year with our cooperation. All investigations were concluded in our favor because there is no evidence to support these false claims. The lawsuit is baseless and The Oregon Clinic will vigorously defend itself, their physicians and staff against these false and unwarranted accusations."

Lawyer Gregory Kafoury, who is representing the patient, tells The Oregonian that the clinic is covering up when it should be opening up. It should, he says, order its employees to either talk or be fired. "They have an obligation to their past and future patients to take every measure to make sure that if there's a predator in their midst, they do something about it," he says. "And they did exactly the opposite."

Jim Burger