Health Care Worker Sexual Abuse Lawyer
Holding Medical Professionals Accountable
Every patient has a legal right to ensure that their doctor, therapist, nurse, or other medical professional causes no harm by violating the trust between the health provider and them.
The health care worker sexual assault attorneys at Rosenfeld Injury Lawyers LLC have a comprehensive understanding of the ethical and legal boundaries that any medical professional must not cross. Our law firm works on behalf of innocent victims traumatized by sexual abuse by medical professionals.
Schedule a free consultation at (888) 424-5757 (toll-free phone number) with our experienced law firm today for legal advice. Our team of attorneys will listen in a confidential setting to what happened to you or your loved one.
Our law firm represents victims who need an advocate to stop the abuse now. Let our lawyers help you or your loved one starting today and hold the accused healthcare professional financially accountable.
Common Sexual Abuse Cases
A comprehensive 2012 study revealed that approximately ten percent of all health care providers and medical professionals are involved in inappropriate sexual relations at some point during their careers.
Many medical professionals, health care providers, and nursing help have faced sexual abuse complaints, civil lawsuit, and criminal charges filed in their state including:
- Cosmetic Surgeons
- Home health aides
- Licensed practical nurses
- Medical directors
- Medical specialists
- Healthcare technicians
- Nursing home staff members
- Obstetrics and gynecology professionals
- Physical therapists
- Registered nurses
- Social therapists
State and federal laws identify inappropriate sexual contact between medical professionals and patient/former patients as a misdemeanor. In some cases, the crime is a felony.
Sometimes, the state statutes limit sexual abuse as a criminal offense when it occurs during treatment, consultation, examination, or interviews.
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A National Medical Professional Scandal
Comprehensive studies have revealed the extent of sexual misconduct occurring in the medical industry. Research has shown an excessively high number of physician-associated sexual molestation in all states.
Any sexual predator operating in the healthcare industry has access to vulnerable patients wearing loose, thin patient gowns, exposing their bodies in sterile examination rooms or nursing home beds.
Blending a doctor’s godlike, selfless, trustworthy appearance creates an unexpected opportunity to rape, sexually abuse, or molest their patients.
An article published by the Atlanta Constitution revealed horrific reports of inappropriate sexual abuse involving physical harm and psychological abuse by medical professionals at hospitals and nursing homes.
Many of these civil cases captured in public records showed how white coat professionals providing care improperly discussed sexual preferences or inappropriately touched/contacted the patient without consent.
Some cases involved OB/GYN doctors raping their patients, psychiatrists inducing their clients, and anesthesiologist fondling their victims under their care. Pediatricians have also admitted to molesting their young patients.
Sexual Assault in Nursing Homes
According to the US Department of Health and Human Services (HHS), there has long been a severe problem of sexual molestation occurring in long-term care facilities and nursing homes.
Many staff members have been accused of all types of elder abuse that involve physical assault, sexual abuse, emotional abuse, and inappropriate sexual activity.
Many of the signs of physical and sexual abuse are apparent, where older adults have unexplained bruises, broken bones, facility-acquired pressure sores, fractured hips, sexually transmitted disease, an unexpected pregnancy, or genital/anus injuries.
Other forms of elder abuse are less apparent, even when investigated by local law enforcement and APS (adult protective services). This form of abuse often involves injury to the victim’s mental health through emotional abuse, financial exploitation, domestic violence, psychological abuse, or harm to the nursing home resident’s well-being.
These cases of inappropriate sexual contact could involve caregivers, nurses, nursing assistants, social workers, adult children of the victim, staff members, or other family members.
Many molestation cases go unreported due to the victim's compromised mental health, Alzheimer’s disease/dementia, developmental disability, impairment, or other cognitive deficiency.
Often, the hospital, medical center, long-term rehab facility, or nursing home fails victims by ignoring reports and rumors of sexual abuse or physical abuse. Many professional workers in the medical community failed to report what occurred to local law enforcement or the Medical Board to ensure what happens is documented in the physician or nurse’s disciplinary records.
Even when these incidents are reported, they are usually written in ambiguous language that describes what happened as unprofessional conduct or a violation of boundaries. The medical industry could do much more to protect patients from caregiver sexual assault, especially an elderly person or a young child with mental illness or cognitive disability.
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What Patients Should Expect
Every nursing home resident or doctor’s patient should have a comprehensive understanding of their legal rights while under the care of others. Some basic rights include:
- All examinations in all hospitals, doctors' offices, and nursing centers must be conducted in a private room
- The physician, nurse, or nursing assistant must respond truthfully to every question the patient asks
- The patient can insist that they be examined by a medical professional that shares their gender
- Generally, every doctor’s patient and nursing home resident has the right to have a friend or a family member in the room with them during an examination, except while undergoing most surgical procedures
- Doctors are required to respect their patients’ religious rights that extend to not ask that they remove any religious symbol or item unless it is medically necessary
Every doctor’s patient has a legal right to expect complete privacy when undressing and dressing and only need to take off the least amount of clothing necessary for the examination or procedure in a caregiving setting or doctor's office.
Holding a Medical Professional Civilly Liable for Sexual Abuse
Many victims of sexual molestation have no other option than to file civil litigation to hold a medical abuser legally liable for sexual molestation. In many abuse cases, the medical board fails to do its job in disciplining any doctor, nurse, or nursing assistant facing accusations of inappropriate misconduct or sexual assault.
In some abuse cases, sexual abuse is considered medical malpractice based on their predator’s board’s ethics and medical standards.
Doctors, nurses, and medical providers are not allowed to conduct unnecessary examinations of the patient’s anal or genital area or inappropriately touch the patient that is not a medical necessity.
The hospitals, healthcare centers, doctor’s offices, assisted living facilities, long-term care homes, or nursing facilities may be held legally liable if they fail to comprehensively investigate the medical provider’s background including any previous misconduct during the hiring process.
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Indicators of Sexual Abuse
Medical facilities must follow general protocols that protect vulnerable victims against any possibility of sexual abuse. Typically, assaulted child and adult survivors experience an array of physical, mental, and psychological damages that include:
- Depressive, angry, or anxious behaviors of abused victims
- Dependency on alcohol and medications including illegal substances
- A sense of helplessness
- The victims ongoing fear in the presence of doctors, nurses, or other medical professionals
- Challenges or inabilities to develop or maintain intimate relationships with sex
- Sexually transmitted diseases and infections
- Anal or genital bleeding
- Physical scarring
Many sexual assault survivors injured by healthcare professionals, doctors, nurses, or others experience life-altering changes in their personalities and future decisions.
Many victims may need ongoing mental health support along their journey of recovery to overcome the mistreatment and lack of trust.
All criminal cases of sexual assault by doctors, the nursing staff, an adult child, family member, friend, visitor, and another patient, must be reported to the appropriate law enforcement agencies promptly. Filing a sexual abuse report could help stop the abuse immediately.
Consensual Sexual Activity Between Doctors and Patients Is Not Legal or Ethical
Medical professionals desiring a romantic, consensual relationship with their patients have legal remedies that do not violate ethics or laws. The doctor should recommend that their potential love interest seek treatment by another medical professional immediately.
By federal and state law, the doctor must ensure that their romantic love interest will receive the best possible care from another provider.
While each party can consent to develop a relationship together, the medical professional is violating ethics laws if they do not follow established protocols and include:
- The patient’s health may be compromised if they develop a romantic interest with their medical caregiver because they are usually less likely to seek a second opinion from another provider
- The medical professional must not develop a romantic interest in their patient when providing a prognosis or objective analysis of their medical condition because they tend to hide negative results
- The doctor’s patient, especially those receiving mental care with their psychologist, may believe that developing a sexual interest with their caregiver is a part of healing therapy
- Doctors developing trust and romantic relationships with their patients typically violate the protocols in the social norms of the medical Society at all federal, state, and local levels
The victim must know that moving ahead with the psychologist or doctor in developing without seeking medical care elsewhere violates the informed consent concept.
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Were You Sexually Abused by Your Doctor or Nurse? Call Our Healthcare Workers Sexual Abuse Lawyers Today
The health care worker sexual abuse attorneys at Rosenfeld Injury Lawyers LLC understand that many victims of sexual abuse live in fear and trauma over what occurred.
Our legal team holds workers legally accountable for every form of assault, including physical harm, psychological abuse, child abuse, domestic violence, sexual abuse, and negligence of health care.
While seeking financial compensation to recover your damages could never make you emotionally whole, it can ensure that the wrongdoer is held accountable and justice is served.
If you seek justice, call us for a free lawsuit evaluation in a secure, safe, confidential setting to discuss what happened.
Let us protect your rights and the rights of your loved one. Get the justice and compensation you deserve by filing a civil lawsuit. Our experienced legal team understands the delicate nature of discussing what exactly happened to our clients and can arrange to have you speak with a female lawyer upon request.
Contact a health care worker sexual abuse attorney today for a free consultation at (888) 424-5757 (toll-free phone call) to begin the legal process for you or a loved one.
All information our clients share with our personal injury lawyers remains confidential through an attorney-client relationship.
Our attorneys' civil and criminal practice areas include personal injury, sexual abuse, assault, motor vehicle accidents, premises liability, nursing home neglect, health care abuse, medical malpractice, birth defects.