A 73-year-old woman was sexually assaulted in her hospital bed by a male nurse at Grady Memorial Hospital, her family alleges in a lawsuit aimed at holding the health system responsible.
The family of Eva Lay said Thursday that she died from unrelated health issues several weeks after the “brutal” October 2024 assault, which left her reeling mentally. They allege Grady’s negligence is to blame.
“Grady Memorial Hospital had a legal and moral duty to protect its patients—especially elderly and vulnerable women—from this kind of unimaginable trauma,” said Reginald Greene, a lawyer for the family. “Instead, their negligence allowed a predator to violate that trust in the most horrific way possible.”
Credit: Greene Legal Group
Credit: Greene Legal Group
A spokesperson for the Atlanta Police Department said its investigation of the incident remains active and open.
In a statement, Grady said it is committed to maintaining the highest standards of safety in every aspect of patient care. The hospital said it reported the allegation to law enforcement as soon as it was made aware of it and cooperated fully with investigators.
“APD found no physical evidence to substantiate this claim,” Grady said. “We defer to law enforcement regarding any additional information they wish to release.”
Lay’s daughter, Zenitria Davis, said her mother was weak and unable to defend herself while in hospital for a heart condition. Davis said she and other family members noticed how the assault took a toll on Lay, who was normally vibrant and strong-willed.
Davis said she hopes the case will help ensure hospital practices are improved to prevent future patient assaults.
The lawsuit, filed Wednesday in Fulton County State Court, includes a sexual assault claim against the nurse accused of abusing Lay. It says he will be named in the suit once his identity is revealed by law enforcement.
An Atlanta police incident report, dated Oct. 11, 2024, was also shared Thursday by lawyers for Lay’s family. It says Lay and her children had noticed a male nurse acting overly friendly toward Lay before she was assaulted.
Lay told an Atlanta police officer she knew something wasn’t right about the nurse, the officer said in the incident report. He said Lay mentioned the nurse had been visiting her room often and had made comments about liking her smile and wanting to take care of her.
“She thought that he was being a bit too friendly and asked her daughter why he kept coming inside the room and talking to her like that,” the officer wrote in the report.
The nurse shut the door to Lay’s hospital room after telling his supervisor he was going to help Lay use the restroom, according to the lawsuit. It says the nurse exposed himself before assaulting Lay while she lay in bed. He then cleaned up the associated mess and removed soiled linen from the room, the complaint says.
Credit: Greene Legal Group
Credit: Greene Legal Group
There were curtains in the hospital room preventing people outside from seeing what happened, Lay’s family alleged.
Lay was a mother and grandmother who was loved in her community, said Chris Stewart, one of the lawyers representing Lay’s family.
“She deserved dignity, care and protection, not the violation and trauma she endured in what should have been a place of healing,” Stewart said. “This is not just a lawsuit, it is a demand for protection of our defenseless loved ones in hospital care.”
Credit: Greene Legal Group
Credit: Greene Legal Group
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