In October 2010, Sanchez underwent spinal fusion surgery at Hapless Hospital. She was recovering in the ICU when she alleges that Njoh and DeJesus, a registered nurse and a certified nurse's assistant, entered her room and made unwanted sexual advances toward her. Sanchez alleges that one of the men undressed her and exposed her body for the other to see. She claims that they turned her over using their hands instead of a turning pad and, while they were moving her from the bed to a chair in her room, they danced with her. Sanchez alleges that during these physical contacts, Njoh and DeJesus were making sexual overtures and comments and that the improper conduct continued until she was discharged from the hospital a few days later.

If the nurse and CNA were hospital employees, then patient has potentially valid claims against the hospital for this conduct under a theory of:

Answer

A.

ERISA

B.

Vicarious liability

C.

HCQIA

D.

EMTALA