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HIALEAH (CBSMiami) – A Miami-Dade man is suing a hospital in Hialeah, not over the treatment he got there, but he said the mistreatment. The man claims he checked into the emergency room and was checked out in a lewd and lascivious way.

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The lawsuit, filed Monday by attorney Jeffrey Herman, claimed “John Doe” went to the ER at Palm Springs Hospital with back pain on September 15th, and was twice molested by a male hospital worker.

The second time, the patient said he had his cell phone video running, propped up on his shoulder.

The video, reviewed by CBS4 News, clearly shows the ER tech fondling the patient.

“It has caused me a lot of damage. I haven’t been the same since this happened,” John Doe said at a Tuesday afternoon news conference announcing the lawsuit. “He put his hands in my boxers and he grabbed my private part and he started playing with it.”

But the patient said he had a good reason for not calling help.

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“I was scared,” John Doe said. “I was just drowsy under the medication they gave me.”

He said he complained to the hospital the next day, but waited two weeks to go to police, having been traumatized by sex abuse as a child. Police said ER Tech Rene Martinez denied everything, but that the cell phone video makes the case against him.

The police report quotes the alleged victim as saying Martinez told him, “I have a friend who has a hotel and pays guys to show their (private parts). You can make good money.”

“I could make a hundred dollars or more showing my private part,” John Doe claims he was told.  “He kept coming into the room trying to convince me.”

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The police report said Martinez’ cell phone had a browser history of visits to explicit male websites.

CBS4 was unable to reach Martinez for comment, but his attorney, Sabino Jauregui, said he will fight the charges.

“We’re going to defend him.  We’re going to trial,” Jauregui said.  “The alleged victim is a convicted felon with a long history.”

As for the cell phone video, the defense attorney said, “Things are not always as they appear.”

Jauregui said there is more video that will present a “different impression” of what happened.

The hospital’s CEO, Vilma Gleiberman, issued a statement saying, “We are not aware of any lawsuit. Nothing has been served to the hospital.  I have no comment at this time.”

The hospital refused to say if Martinez is still working there.

Martinez has a hearing coming up in January in the criminal case against him.

He was first charged with a felony that has since been reduced to a misdemeanor.  If convicted, the charge carries a maximum of one year in jail.

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