John Doe v. Good Samaritan Hosp.

*655 INTRODUCTION

Appellant alleges that he was sodomized by his roommate, K.W., while a patient in the adolescent psychiatric unit of respondent Good Samaritan Hospital Southwest (Hospital). He brought this action alleging that Hospital was negligent in placing K.W. in a room together with appellant, and limiting its efforts to supervise these patients to observation of each of them at 15-minute intervals, including not ordering one-on-one supervision. K.W.'s intake papers indicated that his hospitalization was involuntary, he recently had assaulted and injured his stepfather, and his younger siblings had to be protected from K.W. as a precaution.

Hospital brought a summary judgment motion, supported by a psychiatric nurse's expert declaration, on grounds that it did not breach its duty of professional care in any respect or contribute to appellant's injury in any way. The breadth of this conclusory opinion purportedly covers all aspects of Hospital's provision of care, and all of appellant's theories of liability, including the patients' admission and room assignments; Hospital's observations of the patients pursuant to its protocols and procedures; and its standards, plans…