Doctor Sexual Abuse Attorneys
Only the survivors of doctor sexual abuse can fully understand the deep pain and betrayal it can cause. For many survivors, the harm isn't just physical; it's emotional, mental, and deeply personal.
When a doctor, someone sworn not to harm, violates that sacred trust, the aftershocks can be devastating. Suppose you have experienced this kind of abuse in California. In that case, state law empowers you to seek compensation for your loss, pain and suffering separate from any criminal charges that may arise.
At the Injury Justice Law Firm, we are here to guide you through your legal options and stand by your side as you pursue justice.
Sexual misconduct by medical professionals is unfortunately more common than many realize. Studies suggest that as many as 10 percent of patients have encountered some form of inappropriate sexual behavior from their healthcare providers.
While not all of these instances fall into the category of criminal sexual abuse, this statistic underscores a troubling reality: an abuse of power and authority from those we entrust with our care.
For survivors, taking legal action can be an important step toward closure, accountability, and the prevention of further harm to others. Doctors are the people that we trust the most in society.
Unfortunately, there is a connection between positions of trust and an abuse of this trust when it comes to sex crimes. This can lead to doctors, chiropractors, and other healthcare providers abusing and assaulting their patients.
The definition of sexual assault is to touch the intimate parts of someone against their will or while they are restrained for the purpose of sexual arousal, gratification, or abuse. Sexual assault by a doctor is a form of medical malpractice in which a medical practitioner violates the law and the physician's Code of Ethics.
What are Some Examples of Sexual Abuse by a Medical Professional?
Sexual abuse or assault by a medical professional can occur in the form of nonconsensual touching, rape or statutory rape, sexual harassment, indecent exposure, penetration, molestation, oral copulation, or child sexual abuse. There are several examples of sexual abuse by a medical professional, including the following:
- A physician making inappropriate jokes or statements.
- A doctor or medical professional making sexual advances.
- A medical professional touching a patient inappropriately.
- Taking sexual advantage of patients while they are under anesthesia.
- Performing unnecessary examinations on intimate body parts.
- Taking pictures of a patient's private parts with a personal device.
Notably, any type of sex crime committed against a patient during a physical exam, medical test, or treatment can be considered doctor sexual abuse. Medical professionals can include the following:
- Physician,
- Gynecologists,
- Cardiologist,
- Dermatologists,
- Nurse,
- Dentist,
- Chiropractor,
- Physical therapist,
- Emergency Medical Technicians,
- Any other health care practitioner or a hospital staff member.
What is the Impact of Sexual Abuse on the Survivors?
The effects of doctor sexual abuse extend far beyond the incident itself. Survivors often face serious emotional, psychological, and physical consequences that can linger for years. These impacts may include:
- Psychological Harm: Feelings of anxiety, depression, shame, and guilt are common among survivors. Many also face symptoms of post-traumatic stress disorder (PTSD), such as flashbacks, nightmares, or difficulty trusting others.
- Physical Consequences: For some survivors, physical harm or injury may have occurred during the abuse, affecting their health and well-being.
- Interpersonal Struggles: The breach of trust often leads to challenges in forming or maintaining personal and professional relationships. Survivors may struggle to trust medical professionals or authority figures in general.
- Career and Pursuits: The emotional weight of coping with abuse can disrupt education, work, and personal goals, leading to financial and career setbacks.
However, civil cases often rely on preserving evidence and collecting witness testimonies in a timely manner. If you believe you may have a claim, consulting an experienced attorney as soon as possible can help safeguard your rights.
Who Can File a Sexual Abuse Lawsuit Against a Doctor?
Filing a sexual abuse lawsuit can result in justice and financial compensation for a survivor and their family members. Filing a lawsuit against a physician or health care center could also expose sex crimes being committed by health care providers in your community, protecting future patients from sexual assault.
Some of the people who can file sexual abuse lawsuits against physicians include the following:
- A sexual abuse survivor,
- A minor child's parent or legal guardian,
- The survivor's family members,
- The survivor's spouse for loss of consortium,
- Witnesses for emotional distress.
Lawsuits against healthcare providers for sexual abuse and assault can result in financial compensation for the survivor and their family members.
Liability, or financial responsibility, for sexual abuse may go directly to the doctor or physician who committed the wrongdoing if they were working as an independent contractor at the time of the incident. This is a common work arrangement between doctors and health care centers.
Suppose the individual was an employee of the health care center or school. In that case, a sexual abuse survivor may be able to hold the facility liable.
Steps to Take if A Physician Sexually Abused You
If your doctor sexually assaulted you, tell someone immediately. Although coming forward can be difficult, it's crucial to protect yourself and others in your community by speaking out. Next, consult with a doctor sexual abuse attorney about a potential sexual abuse civil lawsuit.
Most importantly, learn how to cope with what happened healthily with assistance from a trained professional, such as a therapist. Taking action against your perpetrator can be extremely difficult emotionally, but you do not have to face this process alone.
When you are ready, here are the key steps you can take to protect your rights and build your case:
- Document What Happened: Write down the details of the incident as clearly as possible, including dates, locations, and any communications with the doctor or their office. If you have text messages, emails, or medical records that may corroborate your account, keep them secure.
- Report the Abuse: Report the misconduct to the authorities and file a complaint with the Medical Board of California. While filing a criminal complaint is not required to pursue a civil claim, it can help trigger investigations that may strengthen your case. Additionally, reporting it to the Medical Board may result in having the doctor's license revoked, possibly protecting others from being abused.
- Seek Counseling and Support: Healing from sexual abuse is a personal and ongoing process. Counseling services or support groups specifically for survivors can provide you with tools to cope with the emotional burden and build resilience as you move forward.
- Contact an Experienced Sexual Abuse Attorney: An experienced lawyer can assess your situation, discuss your options, and help you file a civil claim against the perpetrator. They can also help you seek compensation for medical expenses, lost income, pain and suffering, and other damages.
As a plaintiff in a civil sexual abuse lawsuit, you or your doctor's sexual abuse attorney must prove that what you are claiming is more likely to be true than not true. You must do this through a preponderance of the evidence.
Evidence of doctor sexual abuse or sexual misconduct may come in the form of statements from witnesses who were present in the room at the time (nurse), testimony from medical experts about the standard of care, a police report if the survivor reported the crime, and the survivor's medical records or letters from a therapist.
What is the Statute of Limitations on Doctor Abuse Civil Suits?
If a physician in California has sexually abused you, state law establishes certain time limits within which you can file a civil lawsuit. For adults in California, the statute of limitations is:
- Within 10 years of the last instance of abuse or
- Within three years of discovering the abuse (such as realizing the psychological harm or identifying the misconduct).
If you were a minor under age 18 at the time the sexual abuse occurred, you have a much larger window to file a claim. In most cases, it's before your 40th birthday. However, thanks to new changes in the law, if the abuse occurred on or after Jan. 1, 2024, if you were a minor at that time, you now have no statute of limitations for filing a civil suit.
Whether you were an adult or a child at the time of the abuse, even if years have passed since the abuse, you may still have legal options. For someone who uncovers repressed memories or later connects mental health struggles to the abuse, this extended window can make a crucial difference.
Compensation for Victims of Doctor Sexual Abuse
Bringing a civil lawsuit for a doctor's sexual abuse could lead to financial compensation from the doctor or healthcare facility for your related economic and noneconomic losses.
You may be entitled to a settlement or judgment award that pays you and your family for related medical expenses, therapy, mental health counseling, lost wages, physical pain and suffering, emotional distress, psychological trauma, or the wrongful death of a loved one.
If you or someone you know is a survivor of sexual abuse by a doctor, contact the Injury Justice Law Firm for a free, confidential consultation. Our doctor sexual abuse attorneys will handle the case discreetly and with dignity while protecting your rights and demanding justice on your behalf.
For more information, contact our California sexual abuse law firm based in Los Angeles, California.
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