Jackson Memorial Nurse Sues Hospital and Sheriff's Office for $5 Million After Patient Attack

A registered nurse who was attacked by a patient at Jackson Memorial Hospital in May has taken the matter to court. Yanira Eguileor and attorney Michael Pizzi filed a $5 million lawsuit Tuesday against the hospital and the Miami-Dade Sheriff's Office, arguing that neither organization kept the nurse safe.

Pizzi said the suit accuses both defendants of negligence. "We filed a $5 million lawsuit against Jackson Memorial Hospital and the Miami-Dade Sheriff's Office for being negligent, knowing for the risks, knowing for the dangers, and yet allowing this to happen," Pizzi said.

According to Pizzi, the Sheriff's Office played a part by agreeing to supply training and police officers to serve as hospital security, but then failing to train them properly for the job or to make sure they delivered the safety measures that were needed. Pizzi also said Jackson had known for decades that nurses faced violent and potentially fatal attacks of this kind.

Surveillance video shows the alleged attacker, identified as Wenyou Rubin, walking through the hospital with no security personnel nearby. Rubin had earlier been held under the Baker Act because of mental health concerns and was arrested after the incident. Rubin now faces a felony battery charge and other offenses.

Eguileor became emotional while discussing the footage. "It's a lot. I've seen the video halfway and I just shut it off," Eguileor said. The nurse said they love the job but believe more must be done to protect healthcare workers.

Eguileor described a gap between the security Jackson appears to offer and what it delivers. "It's a hidden secret in Jackson; they have security, they probably say they have security. But the security is not allowed to touch them," Eguileor said. The nurse added that security still had not arrived after three calls for help. Doctors and registration staff pulled the patient away, Eguileor said, and a secretary dragged the nurse out from underneath the patient while the doctors ran and removed the patient.

Eguileor also recounted the assault itself to 7News. "He hit me, one, two, three, and the third time was the strongest one; he threw me to the floor, and then at that point I just covered my face, ready for a kick," Eguileor said. Surveillance video shows the nurse lying on the floor afterward.

Pizzi said the nurse was slandered after speaking out. "It's a classic case of somebody speaks out and instead of providing her with the support that she needs, she gets retaliated against and gets slandered and humiliated," Pizzi said, adding that the defendants have questioned the nurse's integrity and honesty.

Eguileor said the goal is to spare others the same experience. "We have each other's back, and I'm gonna move forward to protect the nurses," Eguileor said. "I love my patients."

The Sheriff's Office and Jackson Health System both said they will not comment on ongoing litigation. In a statement issued in September, the hospital said that after the May incident it discovered Eguileor had accessed and acquired a patient's protected health information without authorization, which it described as an intentional breach for personal gain. The hospital also said Eguileor was found to have violated other policies, and that the nurse is receiving all applicable due process protections and is represented by the labor union as the matter proceeds.