Patient files lawsuit Kaiser Permanente, alleges sexual assault during surgery

SAN RAFAEL, Calif. - A Kaiser Permanente patient says he was sexually assaulted during surgery in February 2024, and now, he has filed a lawsuit charging the nonprofit health care company with negligence and battery.

Michael Timothy Bean alleges that the assault happened when he'd gone to have a melanoma procedure at a Kaiser hospital in San Rafael.

"I was greeted by the medical assistant," Bean says, "He was kind of ornery."

Bean says the assistant seated him in a surgical chair and told him he could not move during the procedure because the delicate surgery on his face came with a risk of damaging facial nerves if he moved his head.

"The surgeon was on my left side, the medical assistant was on my right," Bean said.

Bean says as the surgeon was making the incisions, he felt something on his right arm.

"Then at the same time, on my right side, the medical assistant was thrusting his hips and his erect penis over and into my arm, over and over again throughout the entire procedure," Bean said.

The lawsuit, filed Friday in Superior Court in Alameda County, charges Kaiser Permanente, the doctor and medical assistant with negligence and battery. 

Kaiser was accused of an additional charge of negligent hiring and supervision. The lawsuit came with a request for a jury trial and financial compensation of more than $35,000.

"He went through a period thinking it was his fault. That he was a victim and should have stopped it from happening while it was happening," Carter Zinn, the plaintiff's attorney said.

Bean's attorney says Kaiser had received three complaints from his client detailing the incident, but they never responded with a report on any investigation.

"He was told they'd get back to him with answers and a resolution, and then it never happened," Zinn said.

"I want Kaiser to improve training, of course. I'm a training professional at UC Berkeley, and obviously something's up," Bean said.

Kaiser Permanente responded with a statement saying: 

"Protecting the safety and well-being of our patients is our utmost priority. In keeping with this commitment, Kaiser Permanente does not tolerate any kind of sexual harassment or misconduct within our premises. While we cannot comment on an active legal matter, we want to be absolutely clear that we take any such allegation extremely seriously."

If you or someone you know has been sexually assaulted and you need assistance, call the National Sexual Assault Hotline 24/7 at 1-800-656-HOPE (4673).