Super Lawyers
Illinois State Bar Association
Justia Lawyer Rating
Million Dollar Advocates Forum
Avvo Rating
Rosenfeld Injury Lawyers BBB Business Review

Doctor Sexual Assault Lawsuit

Sexual harassment, abuse, and assault are unfortunately common in many industries. However, the healthcare industry is particularly at risk.

Patients often feel vulnerable and exposed to sexual harassment when seeking medical care. They trust their medical professionals to provide competent care and support – not subject them to sexual harassment or assault.

doctor-opening-patient-examination-room-door-after-sex-assault

The personal injury attorneys at Rosenfeld Injury Lawyers, LLC, are legal advocates for sexual abuse victims. We fight aggressively to ensure the innocent victims of sexual harassment receive the financial compensation they deserve from the sexual predator and their employer.

Call our medical malpractice lawyers at (888) 424-5757 (toll-free phone call) or use the contact form today to schedule a free consultation in a private and safe environment to discuss what happened. All confidential or sensitive information you share with our legal team remains private through an attorney-client relationship.

Sexual Abuse in the Healthcare Industry

There is an unspoken bond of trust between a doctor and his or her patients because theyoften share their most intimate and embarrassing concerns with their physicians and rely on their advice for their health and well-being.

It is truly an atrocity whenever a doctor exploits the trust they have received from their clients.

People who are the victims of sexual assault are usually in their most vulnerable state of mind or body. The effects of an incident of sexual abuse remain a scar on their emotional and mental state for the remainder of their lives.

In addition to seeking criminal justice, victims of sexual harassment atrocities are entitled to receive compensation for the mental and emotional anguish they must endure and the cost of ongoing rehabilitative therapy.

Alarming Sexual Misconduct Statistics Involving Medical Clients and Doctors

While doctors across a broad spectrum of medical disciplines have been guilty of sexual abuse, an alarming number of psychiatrists have been charged with sexual harassment and assault compared to any other specialty of medical practice.

Psychiatrists represent just over one in twenty doctors but are involved in one-third of all reported incidents of sexual harassment.

The victims who are already undergoing emotional trauma or suffering from mental illness tend to be more vulnerable and susceptible to sexual harassment than most people.

Sexual abuse may occur in any medical setting. However, it is essential to define what constitutes sexual harassment or abuse. The following behaviors are all inappropriate and amount to a sex crime.

If you have been subjected to any of them, you may have a sexual harassment and abuse case against your doctor:

  • Unwelcome sexual advances or unprofessional comments, including innuendo and unwelcome sexual remarks
  • Uninvited touching or kissing
  • Forced intercourse, penetration, or any other sexual activity that is not consensual
  • Use of medications to render a patient unable to resist advances.

Female Patients Sexually Violated at a Doctor’s Office

Unfortunately, some doctors are accused of sex crimes by their women clients. The wrongdoing in a doctor's office can take many forms, from requests for sexual favors to sexual battery.

A medical professional can be held accountable for criminal charges if they engage in improper conduct in the office.

A medical professional sexually abusing a patient in a doctor's office or hospital may result in a hostile work environment for the other staff.

A patient must report any inappropriate sex conduct perpetrated by a doctor. An investigation into a sex crime charge against a doctor can reveal if the doctor assaulted the patient during a physical examination in the exam room or treatment in a hospital.

A medical professional facing a sexual assault lawsuit may not be able to continue practicing. A physician's license may be suspended or revoked for many reasons, but sexual assault is one of them.

Sample Physician Sexual Assault Settlements & Verdicts

Some cases of the doctors charged with sexually assaulting patients include:

$120,000 Verdict; Physician Sexual Assault; Hoffman Estates, Illinois

The civil lawsuit was an indirect liability dispute. The patient was a 26-year-old female. She was sexually assaulted and molested by a therapist while being transferred between hospitals for pneumonia.

That doctor was convicted and sent to jail. However, she also sued the facility for negligent supervision. Her lawyers found out that he had already been convicted twice for felonies related to rape, sexual harassment, and similar offenses.

They argued that the defendant's hospital should have done a better background check. Also, they said it should have supervised the doctor more stringently.

As a result, she was sexually violated and suffered physical injuries, PTSD, depression, and anxiety. Her complaint sought damages from the facility for the harm and medical bills (over $15,000), and other economic damages.

The defendant replied that it followed industry norms for background checks and monitoring. In essence, the facility said it did the best it could. Refusing to settle, the sexual harassment matter was put to a jury. They awarded the woman $120,000 in compensation.

$75,000 Verdict; Physician Sexual Assault; Cook County, Illinois

A young patient (26 years old) sued her neurologist. She had seen the doctor several times before the day in question. On that day, the doctor made a house visit to examine her.

According to the patient, while examining her, he asked her to close her eyes. Then, he started to fondle and molest her. She claimed extensive emotional injuries from the sexual harassment affair.

The doctor claimed that none of it happened. Also, he cited her past legal history as evidence of her insincerity. Plus, he alleged this claim was retaliation for his refusal to help her in another legal dispute.

The two sides could not reach an agreement. A jury had to decide the controversy. They awarded the woman $75,000. $50,000 was for emotional distress. $25,000 was for medical bills.

$500,000 Verdict; Physician Sexual Assault

The victim, in this claim, was a young, 20-year-old woman. She sued her counselor and the counselor’s employer. Her civil lawsuit argued that the doctor drugged her and posted pictures of her online without her consent.

Her complaint further alleged that the company was negligent in hiring him because he had committed similar offenses before in another state.

The defendant company admitted it did not do a background check but stated that its failures had nothing to do with the alleged acts here. The jury did not agree. It awarded the woman $500,000. $20,000 was for mental anguish. $480,000 was for emotional trauma.

$352,500 Verdict; Physician Sexual Assault

The patient alleged that the doctor sexually assaulted her on several occasions. However, she did not recall the events until she underwent psycho-hypnosis therapeutic treatments.

She was 28 when she brought the claim. The alleged assaults occurred many years earlier. The defendants successfully dismissed the civil claim surrounding one of the events. However, a jury was able to review the merits of three alleged sexual assault incidents.

In the end, it awarded the plaintiff $352,500: $80,000 for medical bills; $7,500 for disability; $40,000 for long-term pain; $100,000 for past suffering; and $125,000 for aggravation of other health issues.

Effects of Sexual Harassment and Abuse Perpetrated by Medical Professionals

Victims of sexual abuse often suffer from emotional stress and mental disorders for the remainder of their lives. They may turn to substance abuse or become alcoholics to drown the anguish.

Many are eventually diagnosed with post-traumatic stress disorder, depression, and anxiety and may suffer from insomnia, experience flashbacks, or feel hopeless or lost. Some find it extremely difficult to maintain or initiate new romantic relationships due to shame, flashbacks, or emotional distress.

No compensation can make up for the immense suffering that these victims endure.

However, if you have been the victim of such an assault, it’s essential to access the necessary treatment to cope in the healthiest manner possible. You should not suffer financially due to the atrocious actions of another person.

Getting Help After a Sexual Assault

To report a doctor or other person for sexual assault, you can contact the police or your local law enforcement agency.

You can also contact the National Sexual Assault Hotline at 800-656-HOPE. The Rape, Abuse & Incest National Network (RAINN) website is https://www.rainn.org/.

If the family members identify the warning signs of potential sexual assault by a doctor, they should contact law enforcement immediately.

Obtaining a Report After a Sexual Assault

The police report on a sexual violation by a doctor or any other person in a position of authority will fortify your civil claim during the out-of-court settlement negotiations or in a court of law.

The Statute of Limitations for Sexual Offence Lawsuits

The statute of limitations is the time limit within which a victim must file a lawsuit. The length of the statute of limitations depends on the state in which the victim lives.

In some states, the statute of limitations for sexual abuse lawsuits is as short as one year from the abuse date. In other states, the victim has five or six years to file a lawsuit.

Filing a Sexual Abuse Lawsuit

A doctor accused of sexual abuse can be sued in civil court by the patient.

The lawsuit will allege that the doctor engaged in unwanted sexual contact with the victim. The suit will also likely allege that the doctor committed negligence, another civil wrong.

To win a negligence lawsuit, the victim will have to prove that the doctor owed him or her a duty of care, that the doctor breached that duty, and that the victim was injured as a result.

If the claim is proven, he or she may be able to recover damages from the doctor, which can include money for medical bills, lost wages, and pain and suffering.

Learn About How Our Team Can Help You Obtain Justice

Rosenfeld Injury Lawyers LLC is a leading medical malpractice law firm that is committed to representing the interests of people who have been injured or harmed by the actions of others and holding to account those who have committed such horrible acts.

Contact our law offices today at (888) 424-5757 to arrange a free consultation with one of our attorneys. During your consultation, we will explain your rights, answer your questions and collect all of the information that we need to investigate and build your case.

After we have performed a proper evaluation of your claim, we will address your legal options, let you know what you can expect from the entire legal process, and advise you on your next steps.

We’ll never require upfront payment from you, and if for any reason at all we are unable to secure compensation on your behalf, our services and time will come at no cost or obligation.

Resources:

Client Reviews
★★★★★
Jonathan Rosenfeld was professionally objective, timely, and knowledgeable. Also, his advice was extremely effective regarding my case. In addition, Jonathan was understanding and patient pertaining to any of my questions or concerns. I was very happy with the end result and I highly recommend Jonathan Rosenfeld. Michonne Proulx
★★★★★
Extremely impressed with this law firm. They took control of a bad motorcycle crash that left my uncle seriously injured. Without any guarantee of a financial recovery, they went out and hired accident investigators and engineers to help prove how the accident happened. I am grateful that they worked on a contingency fee basis as there was no way we could have paid for these services on our own. Ethan Armstrong
★★★★★
This lawyer really helped me get compensation for my motorcycle accident case. I know there is no way that I could have gotten anywhere near the amount that Mr. Rosenfeld was able to get to settle my case. Thank you. Daniel Kaim
★★★★★
Jonathan helped my family heal and get compensation after our child was suffered a life threatening injury at daycare. He was sympathetic and in constant contact with us letting us know all he knew every step of the way. We were so blessed to find Jonathan! Giulia
★★★★★
Jonathan did a great job helping my family navigate through a lengthy lawsuit involving my grandmother's death in a nursing home. Through every step of the case, Jonathan kept my family informed of the progression of the case. Although our case eventually settled at a mediation, I really was impressed at how well prepared Jonathan was to take the case to trial. Lisa