The lawsuit is being filed by human civil rights activist group American Civil Liberties Union after a settlement was not reached. The ACLU was arguing that 42-year old Gabino Olivera was left on Skid Row without his wheelchair, and with nothing on but a soiled hospital gown and a catheter.
Olivera was reportedly released from the hospital after waiting eight hours at the lobby, and was afterwards loaded onto a van and left out on the streets. He was eventually taken to a different hospital to receive the appropriate treatment.
"Mr. Olivera had no choice but to physically drag himself along the gutter of the street with his belongings in a bag clenched in his teeth," said the lawsuit, as quoted by USA Today.
"They rushed through the treatment...didn't diagnose at all his existing urinary tract infection," ABC quoted Hernan Vera of Public Counsel. "They didn't diagnose or treat his mental illness, even though he had been exhibiting signs."
In response, the hospital issued a statement, saying that "extensive settlement discussions" with the ACLU had been held to resolve the issue, and that they remain "optimistic" for an agreement.
"We have stated publicly since the day of this incident that HPMC would never condone dropping an individual at a location without their consent and where accommodations were not apparent," the statement said.
Criminal prosecution for the hospital is being considered by the city attorney filing the lawsuit.
A similar incident had taken place, involving 62-year old Carolyn Reyes who was suffering from dementia. The hospital Kaiser Permanente had apparently dropped her off on Skid Row and left her there, wearing only a hospital gown.
