Healthcare Facility Sexual Abuse Lawyer

Our communities place immense trust in doctors and medical professionals. We rely on their judgment and services to help us heal and recover. However, this trust is sometimes abused, leading to atrocious acts of sexual abuse and assault.

Doctor sexual abuse can be a devastating and confusing experience. However, taking legal action to hold the liable parties accountable is crucial. It not only provides financial assistance for survivors but also plays a significant role in exposing patterns of violations.

If you are the victim of sexual abuse in a healthcare facility, you may be able to file a civil lawsuit to seek financial compensation.

The profound pain and betrayal of sexual abuse is something that only those who have survived the ordeal can fully understand. This betrayal is even more devastating when it occurs in a healthcare setting, where patients are at their most vulnerable, trusting professionals to prioritize their health and safety.

Instead, for some, this environment of care is cruelly violated, creating lifelong emotional, physical, and psychological scars and leaving them unsure of how to move forward in life.

Whether the abuse occurred in a hospital setting, an outpatient clinic, or in residential care, survivors of sexual abuse have legal options available to help them seek justice. It's important to remember that justice is not just a possibility; it's a right that survivors can and should pursue.

California law empowers survivors to seek civil damages against their sexual abusers regardless of any criminal charges filed. In some cases, you can file suit even decades after the abuse occurred. At Injury Justice Law Firm, our California sexual abuse attorneys have the knowledge and experience needed to help you hold your abusers accountable, recover damages, and take important steps toward healing.

Our team of legal professionals understands the unique and challenging issues that survivors of sexual assault in healthcare facilities or hospitals face. We are here to listen, understand, and support you through this difficult time.

Sexual Abuse in Healthcare Settings

Despite the efforts of healthcare facilities to maintain a safe environment for their patients, sexual abuse can still occur in many different situations. Patients often rely on medical professionals to be intuitively aware of boundaries and to maintain the highest standards of conduct. Unfortunately, not all professionals honor this commitment, and abuse can happen in several ways, including:

Improper Physical Contact: Unnecessary and inappropriate physical examinations or touching during procedures.
Sexual Assault During Treatment: Assault may occur under the guise of treatment, especially when patients are sedated, unconscious, or otherwise unable to give meaningful consent.
Exploitative Relationships: A provider engaging in romantic or sexual relationships with patients can exploit the power imbalance inherent to the doctor-patient dynamic.
Abuse in Residential Care Settings: Vulnerable individuals, such as elderly or disabled patients in nursing homes or long-term care facilities, may be targeted by caregivers and staff who misuse their authority.
Verbal or Non-Physical Harassment: Sexual harassment, such as suggestive comments or inappropriate advances, creates an unsafe and hostile atmosphere for patients.

Other Forms of Sexual Abuse

Other ways sexual abuse can occur in a healthcare facility or a hospital include the following:

Committing any type of rape.
Making unwelcome sexual comments or advances.
Overmedicating or sedating a patient to commit sexual misconduct.
Taking photos of a patient without their consent or for personal viewing.
Improper hygiene, such as not wearing gloves during an exam.
Inquiring about the patient's sexual history when not relevant to any medical purpose.
Requesting sexual favors in exchange for medical treatment, medication, or money.
Engaging in a sexual act with a patient who is unable to give consent..
Engaging in sexual acts with a minor or someone with an intellectual disability.
Forcing a patient to undress or expose body parts not needed for the procedure.

Often, initiating or pursuing a romantic relationship with a patient can also constitute hospital sexual assault. If a doctor or medical professional wishes to pursue a consensual romantic relationship with a patient, they must first terminate the existing doctor-patient relationship.

Sexual assault in healthcare facilities is an underreported issue that continues to rise across the United States. For example, there was a report from a nonprofit organization on healthcare quality that said there was a substantial increase in case of rape and sexual battery. Sexual assault can happen in any type of medical setting, such as hospitals, outpatient clinics, private practices, nursing homes, mental health facilities, prisons, and rehab centers.

Doctor Sexual Misconduct Complaints

Sexual abuse by medical professionals is a reality, and cases in California have been on the rise for many years. Hospitals and healthcare facilities are meant to be places that care for their patients' health and well-being, but some have violated that trust.

There has been a troubling rise in reported cases where California doctors have been accused of sexual misconduct or abuse, leaving victims feeling betrayed, frightened, and often unsure of where to turn for help.

Complaints against physicians for sexual abuse or inappropriate behavior have sharply risen. This rise in complaints is consistent with a national trend, where an increasing number of people are speaking out about abuse by doctors and other trusted professionals.

The California Medical Board receives thousands of complaints against doctors. Among these complaints, sexual misconduct was at the top of the list. In California, doctors are required to follow strict guidelines, and if they violate these rules, they may face consequences, including the potential loss of their medical license.

Impact of Sexual Abuse on Survivors

The effects of a doctor's and healthcare facility's 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 other authority figures.
Career and Pursuits: The emotional weight of coping with abuse can disrupt education, work, and personal goals, leading to financial and career setbacks.

Rights in the Medical Environment

You can expect professionalism when visiting a hospital or consulting a doctor for any examination, treatment, or procedure. It is your right to all of the following:

Answered questions. Your provider should be able to answer questions, especially about the reasons for the steps being taken.
Comfort level. You should only need to undress the body parts under examination and keep the rest of your body covered.
Ask for privacy. You should have a private place to change clothes before and after a medical exam, such as behind a curtain.
End the examination upon request. For example, if anything makes you feel uncomfortable, you can ask them to stop.
Another person in the room. You can request that a nurse, friend, or relative be present during a procedure.
Request a specific gender. You can typically request to be seen by a doctor of a specific gender, such as male or female.
Information in your language. Doctors and examiners should try to provide information in a language you understand. You may request an interpreter or have a friend serve as an interpreter. Language manipulation is often seen in immigrant sexual assault.

If you feel that any of these rights were violated, you may have a claim for a doctor or healthcare facility for sexual assault. You should inform your healthcare provider and authorities, and contact a doctor sexual misconduct attorney to help determine your next steps.

Who Can Be Held Liable?

Sexual abuse in a healthcare setting often involves more than just the individual perpetrator. Depending on the circumstances, multiple parties may be held accountable for the harm caused. Our sexual abuse attorneys will carefully evaluate the circumstances and available evidence to determine who may be liable. Responsible parties may include:

The Individual Perpetrator: The primary responsibility almost always rests on the individual who committed the act of sexual abuse. Whether it's a doctor, nurse, technician, or caregiver, they can and should be held personally liable.
The Healthcare Facility or Employer: Hospitals, clinics, and care homes can also be held accountable in cases where negligence plays a role. For example, if the facility failed to perform thorough background checks, ignored prior complaints about an employee, or failed to provide adequate supervision, they may bear significant responsibility.
Supervisors and Administrators: If management chooses to overlook or cover up reports of abuse, they may also be held directly accountable under the law.
Third Parties: Contractors or staffing agencies that provide temporary staff to healthcare facilities may share liability if they place an unsafe individual in a position of power without exercising due diligence.
Obstetricians and Gynecologists: This type of abuse often occurs when perpetrators go beyond standard examination procedures.
Psychiatrists: A large percentage of medical sexual abuse cases involve psychiatrists and psychiatric facilities. This is because psychiatric sessions often involve a patient alone in a private setting. Patients with mental health issues are, therefore, especially vulnerable to sexual misconduct.
Doctors Prescribing Medication: Physicians who prescribe addictive substances like opioids or staff in rehab clinics can often abuse their position. They can exchange medications in return for sexual demands.
Nurses and Nurse Practitioners: Nurses and nurse practitioners have frequent, direct contact with patients and are often responsible for routine examinations and assisting with personal care.
Hospital Technicians: Technicians, such as radiology technicians or laboratory technicians, may also be in a position to exploit patients. These professionals often perform tests, take medical images, or assist with diagnostics in private rooms or spaces, which can provide opportunities for misconduct.
Medical Assistants: Medical assistants and hospital support staff may assist with examinations, check-ups, or even administrative duties. Although their interactions with patients might seem less invasive, there is still potential for abuse when patients are left vulnerable and alone in rooms or hallways.

Damages You Can Claim

If you decide to pursue legal action following sexual abuse in a healthcare setting, you may be entitled to compensation that acknowledges both the tangible and intangible losses you've endured. Common damages survivors can claim include:

Medical Expenses: Compensation for costs related to physical injuries or mental health treatment, such as therapy, counseling, or psychiatric care, resulting from the abuse.
Lost Wages or Reduced Earning Capacity: If the trauma has impacted your ability to work or sustain your professional progress, you may recover compensation for financial losses due to your inability to work.
Pain and Suffering: Courts recognize the emotional distress caused by abuse, including anxiety, depression, PTSD, and diminished quality of life.
Punitive Damages: In cases of particularly egregious actions, survivors may be awarded punitive damages meant to punish the perpetrator and deter future misconduct.

We're Here to Help You

California has one of the most survivor-friendly statutes of limitations for filing civil claims in sexual abuse cases. Adult survivors typically have up to 10 years to file a claim, while those who were minors at the time of the abuse can file until they turn 40.

While these generous timeframes are empowering, acting sooner rather than later can still significantly strengthen your case. Evidence is often easier to gather quickly, and witness memories are more likely to be accurate soon after the incident.

Many survivors of doctor or medical sexual assault are hesitant to report abuse because of fear, embarrassment, and confusion. Pursuing legal action through a civil lawsuit can help uncover other instances of abuse and require medical institutions to improve their health and safety standards.

Doctor sexual assault claims can be complex and will contain highly sensitive issues and information. A lawyer handling such a claim must have extensive training and experience in providing support and guidance for a patient undergoing intense emotional and psychological distress.

Our experienced California hospital sexual assault lawyer can provide the following tasks and services for a survivor of assault:

Reviewing the facts and circumstances of the incident.
Provide legal information and legal advice regarding the case.
Research the relevant laws that apply to the case.
Gather all pertinent evidence and documentation for the claim.
Formulate a strong trial strategy and legal approach.
Hold proper parties accountable to prevent similar cases in the future.
Negotiate for the maximum amount of financial compensation.
Offering emotional support and guidance for the survivor.

At Injury Justice Law Firm, we are committed to standing by survivors of sexual abuse and fighting for your rights. If you are ready to seek justice, we are here to listen, support, and guide you every step of the way.

If you are the victim of sexual abuse in a healthcare facility or hospital, you may be able to file a civil lawsuit to seek compensation for pain and suffering. We work on a contingency fee basis, meaning you don't pay any fees unless we win your case. Contact our sexual abuse law firm for a free case review, located in Los Angeles, CA.

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