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MIAMI (CBSMiami) – A second man has filed a lawsuit against Palm Springs General Hospital in which he claims he was sexually molested by a male nursing assistant.

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His the suit, the man claims he went to the hospital’s emergency room on February 14th, 2011 with an inguinal hernia. He was sent to a robe and instructed to change into a hospital gown.

The man claims while laying in bed, nursing assistant Rene Martinez entered the room, asked where it hurt and then lifted the front of man’s gown and fondled his penis and testicles.

This sexual contact was unwelcome and offensive, according to the lawsuit and was unrelated to any medical diagnosis or treatment.

In a lawsuit filed in November, 2014, another man claims he was molested by Martinez.

The man said he went to the hospital’s emergency room with back pain on September 15th. He claims while he was drowsy from medication Martinez fondled him.

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The second time, the man said, he had his cell phone video running, propped up on his shoulder, and caught Martinez in the act.

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

The man 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 Martinez denied everything, but that the cell phone video makes the case against him.

Martinez said he will fight the charges.

As for the cell phone video, Martinez’s Sabino Jauregui said, “Things are not always as they appear.”

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