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Judge denies gag order, motion to dismiss in case involving attack on HCA Florida Palms West Hospital nurse

Injured nurse Leelamma Lal has been hospitalized since Feb. 18
Leelamma Lal
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WEST PALM BEACH, Fla. — Attorneys were in a Palm Beach County courtroom Thursday in a case related to the brutal attack of an HCA Florida Palms West Hospital nurse earlier this year.

It's been nearly three months since the nurse, Leelamma Lal, suffered critical injuries after investigators said she was brutally beaten by a patient who was under a psychiatric hold.

WATCH BELOW: Lawyers face off in court involving attack on nurse

Lawyers face off in court involving attack on nurse

During an afternoon court hearing, Judge G. Joseph Curley Jr. denied a gag order in this case, one of two motions HCA Florida attorney Adam Rhys filed for the court's consideration.

In court, Rhys' argument pointed to multiple news articles quoting Lal's attorney, Karen Terry. Rhys argued those interviews could prejudice a future jury if a lawsuit is filed.

"Whenever these statements are published, there is a surge of online hate and negativity," Rhys told Curley.

"A gag order is entirely inappropriate in this case," Terry countered during the hearing. "Is the court going to gag the lawyers? Is the court going to gag the media?"

Terry told WPTV she feels Curley's decision to shut down the request is a win.

"I think the judge made the right decision on the gag order," Terry said. "Palms West Hospital was trying to keep the media and lawyers from speaking about this case's public importance."

MOTION REGARDING BILL OF DISCOVERY

The second motion heard was a motion to dismiss Terry's bill of discovery. The legal tool, which Terry petitioned the hospital for in March, is an effort to obtain certain documents and evidence related to the February attack.

"I'm missing the videotape of what happened at the hospital for two straight days that he [Scantlebury] was there," Terry told WPTV reporter Kate Hussey. "They are refusing to produce the incident report, based on a privilege, and they have not produced any of the phone calls that they may have made and maybe didn't make to any Baker Act facilities that may have taken over Mr. (Stephen) Scantlebury's care."

HCA argues that a lawsuit in this case is "improper" and that the workers' compensation system is providing benefits for medical expenses and lost wages.

In court Thursday, Rhys also argued that HCA Florida has already handed over some evidence to Terry.

"We have expedited access for Ms. Terry to Mr. Scantlebury's chart," Rhys said. "They now have the complete medical record for Mr. Scantlebury, which is one of the things they have requested."

HCA Florida declined to make their attorney available for comment, but in a statement to WPTV, said the purpose of this hearing is not "centered around media-related issues" but rather "focuses on preventing disparaging remarks from being made about Palms West in public."

On Thursday, a judge denied the motion to dismiss the bill of discovery.

Lal has been hospitalized since Feb. 18 after investigators said she was suddenly attacked by Scantlebury, which left her with critical injuries.

A spokeswoman for the lawyer representing Lal's family told WPTV last month that Lal is beginning to walk on her own around the hospital room. She is in physical therapy for several hours each day.

On Thursday, Terry said Lal is still having cognitive difficulties and will need to undergo another surgery to remove hardware in her jaw. Terry also said Lal is continuing to undergo extensive occupational, speech and physical therapy.

"She's a fighter. She's trying to get back to the best that she can be, but it's a long haul for her," Terry said.

Terry said she is close to filing a lawsuit against HCA Florida.

"I'd be suing them for negligence, I'd be suing them for other causes of action as well, and I'd be suing for a full recovery for Ms. Lal," Terry said.

Scantlebury, 33, faces a charge of attempted murder with a hate crime enhancement.

A judge denied a mental competency evaluation for Scantlebury, who remains in custody at the Palm Beach County jail.

READ MORE OF WPTV'S COVERAGE OF THE CASE:

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