Patients have complete faith in the competency of doctors and other healthcare professionals. However, medical professionals' conduct can potentially undermine this trust. A breach of trust and confidence between patients and their medical professionals can take many forms, including sexual abuse.
All medical professionals, including physicians, nurses, and pharmacists, are responsible for ensuring their patients' safety. However, when faced with sexual abuse, afflicted patients should know what they can do and how to best address the issue. This blog provides a detailed overview of the information you need to know regarding sexual abuse by medical professionals.
What is Considered Sexual Abuse by Medical Professionals?
Since medical examinations often include touching private parts or undressing the patient, evaluating improper conduct can be difficult. However, in most cases, a medical professional can sexually abuse their patient if they violate their patient's privacy by touching them inappropriately without a valid reason.
A report by the Federation of State Medical Boards describes sexual abuse as actions that exploit the doctor-patient relationship sexually. Sexual interaction between a medical professional and their patient is never therapeutic or diagnostic. The conduct can be either physical or verbal, occur virtually or in person, and involve sexually explicit feelings, thoughts, or gestures that a surrogate or patient could fairly interpret as sexual.
RAINN also discusses what a patient can expect during an exam, such as privacy to remove clothing, having someone else in the examination room, and the freedom to discontinue the examination at any moment. The patient can also learn what is expected of the medical professional during the examination.
Medical Professionals Who Can Be Charged With Sexual Abuse
Sexual abuse is a serious felony that can result in prison sentences in California. Victims of sexual assault have, over the years, taken legal action against many medical personnel, including doctors, dentists, and hospital staff, among others.
Some of the most common offenders of sexual abuse by medical personnel are:
- Anesthesiologists.
- Chiropractors.
- Nurses.
- Pediatricians.
- Home Health Aids.
- Obstetricians and gynecologists.
- Cosmetic Surgeons.
- Dentists.
- Medical Assistants.
- Physical therapists and psychologists.
- Nursing Home Staff.
- Psychiatrists.
- Urologists.
- Osteopaths.
- X-ray and image technicians.
- Emergency Medical Technicians (EMTs).
- Nursing Assistants.
In general, any medical professional, whether a specialist or a technician, can be held criminally accountable for sexual abuse.
Types of Sexual Abuse
Medical personnel can commit sexual abuse in various ways, including verbal harassment and physical assault. While some forms of abuse are obvious, others can be difficult to detect.
Below are some of the most popular types:
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Verbal Abuse
Physical contact is not always necessary in sexual abuse cases. In some situations, a medical professional can make sexually explicit remarks, unwanted advances, or innuendos.
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Non-Consensual Contact
Sexual abuse can occur when a healthcare provider touches the patient inappropriately during a physical exam or operation. It could involve touching the patient's private parts or indulging in inappropriate physical content.
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Sexual Assault
In the most extreme circumstances, a medical professional can subject a victim to non-consensual sexual actions, rape, or molestation—all kinds of sexual misconduct that can have devastating repercussions for the patient.
Sexual assault by medical providers, regardless of its form, is a clear breach of the law and medical ethics. Sexual abuse victims often suffer lasting effects that have a significant impact on their overall quality of life. That is why perpetrators should be held entirely responsible for their actions.
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Privacy Invasion
Some healthcare professionals use concealed cameras or other invasive tactics to record or watch patients for sexual pleasure without their consent. Invasion of privacy is also an example of sexual abuse.
How Medical Professionals Commit Sexual Abuse
Understanding how these offenses are committed is a good way to gain a better understanding if you are a victim of sexual abuse by a doctor or another medical professional. Patients have filed many claims against medical practitioners throughout the years, including the most severe charges of sexual penetration and rape.
However, you should be aware that it is against the law to engage in any form of sexual activity that does not involve consent, such as caressing, kissing, or touching genital organs.
Here are a few examples of how medical practitioners often engage in sexual abuse:
- Using physical restraints or chemicals to prevent a patient from moving.
- Sexually abusing a patient while under anesthesia.
- Engaging in self-gratification or self-pleasure in front of the patients.
- Performing unnecessary vaginal examinations.
- Taking images or recordings of a patient's private parts during a checkup.
- Engaging in sexually explicit or provocative behavior with patients.
- Unwanted sexually explicit emails or messages.
- Remarks about body parts or anatomy.
- Propositions for engaging in sexual activities.
- Repeated requests for a date.
- Promotional offer in exchange for sexual favors.
- Threats of consequences for declining sexual favor requests.
- Intentionally invading personal space.
- Engaging in unwanted bodily contact like hugging or groping.
- Intentional fondling of oneself in front of others.
- Rape.
According to a report by the National Institute of Health (NIH), physicians had the lowest incidence of sexual conduct issues, at 7%. Advanced practitioners had a higher incidence rate of 11%. Most people who have personally encountered sexual abuse were women, with only 4.5% and 1.5% being men.
Both genders have observed inappropriate acts at about equal rates, with 14% for males and 13% for women. Among the men questioned, 3% reported having been accused of sexual misbehavior, whereas no women made such a claim.
The Psychological Consequences of Sexual Abuse by Medical Professionals
Similar to other forms of sexual misconduct, medical professional sexual assault causes intense and agonizing feelings like guilt, rage, dread, betrayal trauma, and anxiety.
You could also experience long-term emotional issues, such as:
- Sexual dysfunction.
- Suicidal thoughts.
- Depression.
- Sense of hopelessness.
- Grief.
- Withdrawal and isolation.
- Anxiety and distrust towards medical practitioners.
- Denial.
- Physically harming themselves.
- Insomnia.
- Fear of seeing a medical professional or receiving treatment from one.
- Inability to remain in normal intimate relationships.
- Alcohol or drug abuse.
- Sexual promiscuity.
- A disconnect from your identity, memories, thoughts, and emotions.
Taking Legal Action
Victims of sexual assault by medical personnel can fight for justice by contacting a competent and seasoned sexual abuse attorney. Sexual abuse attorneys know how delicate such situations are and can take precautions to protect the victim's rights and interests.
Sexual Abuse Lawsuits
Personal injury claims include lawsuits involving sexual abuse, harassment, or assault by a medical professional. The victim can file a lawsuit against a healthcare professional and the office or workplace where the sexual abuse was perpetrated.
Such allegations usually accompany criminal allegations against the practitioner, but not in all cases. A civil personal injury case claims sexual abuse by a healthcare professional and seeks compensation for the patient.
Compensation for sexual abuse by medical professionals can include any or all of the following kinds of damages:
- Medical expenses, including therapy and counseling.
- Lost wages.
- Loss of potential earnings.
- Other costs linked to the sexual abuse.
- Pain and suffering.
- Loss of pleasure in life.
- Emotional distress.
- Loss of consortium and relationship with your partner.
- Punitive damages.
License Suspension and Revocation
It is rare for a medical professional to face disciplinary measures for sexually assaulting a patient following a dismissal or acquittal in their court case. Witnesses often refuse to testify in multiple legal proceedings.
There might not be any formal proof of sexual misbehavior for the disciplinary board to consider, especially for cases settled out of court. However, even in cases where the criminal justice system finds the medical professional guilty of sexual abuse, the Medical Board has demonstrated a tendency to allow doctors to continue practicing.
Other medical personnel, like nurses, do not enjoy the same respect as doctors. When the Medical Board of California finds sexual abuse, the most typical punishment is to suspend or revoke a license. Medical practitioners can appeal the ruling but must submit evidence proving their innocence.
Tips for Filing a Civil Sexual Abuse Case in California
Although legal proceedings are important and valuable, they do not financially compensate victims. Fortunately, California legislation allows victims of sexual abuse to initiate civil cases against their abuser and seek financial compensation. A civil lawsuit can be initiated regardless of whether a victim has reported the sexual abuse or filed criminal charges.
Civil lawsuits involving sexual abuse can be filed by victims who are willing to provide testimony under oath regarding the circumstances surrounding the abuse. This testimony is generally validated by facts like medical records showing injuries caused by the misconduct or testimonies from reliable witnesses.
While sexual assault cases are considered public records, it is not guaranteed that the court will disclose the victim's name. This is because California's civil procedural regulations allow survivors of sexual abuse to hide their identity in court documents that are publicly filed. These documents can use the victim's initials instead of their full name.
Suing Third Parties in a Sexual Abuse Case
A plaintiff should be able to seek compensation from the person who hurt them. However, this is not always ideal or even possible if the alleged defendant is deceased. Unless the accused is wealthy, the victim will not likely collect the total damages they deserve.
It is generally more beneficial for the plaintiff to file a claim against third parties with substantial means, like an organization, hospital, or church. All those involved could be held accountable if a victim can demonstrate that they were negligent in stopping or preventing the sexual abuse.
Differences Between Criminal and Civil Cases Involving Sexual Abuse
A civil case for sexual assault by a medical professional differs from a criminal charge against a medical professional. A medical professional who sexually abuses a patient could face a civil lawsuit, criminal charges, and professional license hearings all at the same time.
The following clarifies the differences between civil lawsuits and criminal proceedings for sexual abuse:
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The Plaintiff
A plaintiff in a civil sexual abuse lawsuit brought against a medical professional is an individual who was sexually abused or a representative of that person. In criminal sexual abuse charges against medical professionals, law enforcement officers investigate sexual abuse by a medical professional and deliver the findings to the prosecutor, who pursues the case on behalf of the State and the plaintiff.
In a court proceeding, the prosecution seeks justice for the community as a whole and the victim of sexual abuse. This implies that judgments are made with more consideration than just what the plaintiff desires. In civil litigation, the plaintiff is either a victim or their representative. The alleged victim and their attorney are only interested in obtaining the best possible outcome and maximum compensation for the sufferer.
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Burden of Proof
In civil lawsuits against medical practitioners, the burden of proof lies in the preponderance of the evidence, as it does in most civil cases, and the plaintiff must meet it to prevail in trial. The burden of proof in criminal sexual assault cases must be proven beyond a reasonable doubt. The prosecution has to demonstrate the medical professional's involvement beyond a shadow of a doubt to obtain a conviction.
Civil plaintiffs must meet a lesser burden of proof to win their case, whereas, in a criminal proceeding, a more vital interest than wealth is at stake, that is, freedom. A plaintiff who claims sexual abuse by a medical professional has to demonstrate, by a preponderance of the evidence, that the medical professional conducted the claimed sexual abuse. It is commonly stated that the burden of proof in civil lawsuits is 51%, or slightly more than a coin flip.
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The Goal of Compensation
In civil lawsuits, the purpose is to compensate the victim for the harm sustained by the defendant. Successful plaintiffs in sexual abuse cases can obtain compensation from the medical professional who committed the sexual misconduct.
Alternatively, if a medical professional is successfully convicted of sexual abuse, they could face prison time and be listed in the national sex offender registry. Criminal proceedings do not result in compensation for survivors of sexual abuse by medical professionals.
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When A Medical Professional Loses the Case
Civil cases provide compensation to victims of sexual abuse by medical professionals in the form of economic and non-economic compensation for the plaintiff's injuries. The medical professional, on the other hand, will face prison time and fines and legal costs in criminal sexual abuse proceedings. The doctor will also be listed as a sex offender.
Can Criminal Charges Affect Civil Sexual Abuse Cases?
Yes, criminal allegations against a medical professional can affect a civil lawsuit involving the same sexual misconduct. If the medical professional has been found guilty of sexual abuse, it will be easier to prove and investigate your civil complaint for sexual assault by the medical professional. The evidence obtained by investigators and the prosecution in the criminal proceeding can be utilized to back up the sexual abuse claim.
What is the Statute of Limitations for Filing a Case Against a Medical Professional for Sexual Abuse?
California separates the deadline, or statute of limitations, for filing a case of sexual misconduct by a medical practitioner between adults and juvenile victims. Juvenile victims of sexual assault by a medical professional and other claims of personal injury have a more extended period to determine their identity and file their claims.
Adults who have been abused sexually by a medical professional usually have two years to pursue a civil lawsuit from the date of the occurrence of sexual abuse.
Why Do Medical Professionals Sexually Abuse Patients?
Sexual assault by medical personnel is a serious problem in the community, affecting people from all walks of life. According to research, sexual abuse perpetrated by healthcare professionals is significantly underreported when compared to other kinds of sexual abuse. Therefore, determining the actual prevalence can be extremely difficult.
It is crucial to note that sex abuse is not restricted to a single medical profession. It could occur in any clinical setting and is often committed by various medical personnel, including nurses, physicians, dentists, and therapists.
Although many factors lead to the incident, a few have a more significant impact than others. These factors include the underlying relationship of authority between a medical professional and patient, patients' vulnerability during treatment, and a general reluctance to speak up. Many victims prefer not to speak out about the abuse since they are terrified of the consequences or feel ashamed of being the victim of abuse. Others assume that nobody would believe them.
Find an Experienced Personal Injury Lawyer Near Me
Submitting a civil case for sexual abuse could be a starting point toward recovery. Criminal allegations could lead to the medical professional being liable for their acts. However, if you proceed with criminal proceedings alone, you may not receive full compensation for the harm you experienced.
We at the San Diego Personal Injury Law Firm can vigorously represent your interests in court. Our lawyers are dedicated to helping you seek compensation and justice for sexual abuse by medical professionals. Call us at 619-478-4059.