Unfortunately, we live in a messed-up world with many twisted people walking among us. When you go a doctor’s office – be it a breast examination or gynecological exam – you expect your doctor to treat you professionally and with the utmost respect.
Fact: Did you know that nearly 9 in 10 obstetricians and gynecologists are sued for medical malpractice in the U.S.?
But many things can go wrong behind closed doors in a doctor’s office, and some patients know it better than others. Yes, we are talking about sexual misconduct. We are talking about all those patients who been have sexually harassed, abused, or assaulted during a medical examination, treatment, or even surgery.
In fact, you can become a victim of sexual misconduct at any appointment with a doctor, not only in the course of a breast exam or gynecological checkup. This is largely due to the very private nature of the doctor-patient relationship, and because doctors are often perceived by patients as “power” figures (and doctors exploit that “power” status).
“If you have been sexually harassed, abused, or assaulted by a doctor, do not let him or her get away with, hold him accountable for his/her actions,” says our medical malpractice lawyer in California at Licata & Yeremenko, A Professional Law Corporation. Let us help you get a better understanding of your rights and legal options if you are a victim of physician sexual misconduct in California.
Types Of Sexual Misconduct By Doctors
In order to hold a doctor accountable under the legal doctrine of medical malpractice, sexual misconduct by the doctor must consist of a non-consensual sexual relationship that occurs between the doctor and his or her patient regardless of the doctor’s and patient’s gender.
There are many forms of sexual misconduct by physicians, and some of the most common forms are:
- Comments of a sexual nature
- Prolonged touching
- Unnecessary exams in the genitals and/or breasts
- Inquiring into the patient’s sex life or sexual history when it is not relevant to the case
- Forcing himself onto the patient
- Sedating a patient to engage in sexually inappropriate behavior
Filing A Medical Malpractice Lawsuit For Doctor’s Sexual Misconduct
You would be surprised if you knew how many medical professionals in California and all across the U.S. exploit their power in the doctor-patient relationship. They take advantage of the patient’s trust, vulnerability, hopelessness, and weakness to engage in sexually inappropriate behavior.
That behavior cannot and shouldn’t be tolerated. If you have been sexually harassed, abused, or assaulted by a doctor – or any of your loved ones have been victimized by a healthcare provider – you can sue the doctor through a medical malpractice claim to hold him or her liable for such misconduct and recover economic and non-economic damages.
More often than not, the hospital or clinic can be sued for medical malpractice as well, if your medical malpractice attorney in California can prove that the doctor’s employer knew or should have known about the potential for sexual misconduct but failed to do anything about it.
“For example, if a doctor has been accused of sexual abuse or sexual assault in the past, his or her employer must (a) provide a chaperone for the doctor, (b) prohibit him/her from practicing medicine until the accusations are properly investigated, (c) or fire him/her altogether,” explains our California medical malpractice lawyer, who also reminds that “hospitals have a duty to take steps to reduce the risk toward patients.”
If you have become a victim of physician sexual misconduct or any other type of medical malpractice, you may be entitled to recover economic and non-economic damages. Consult with our experienced medical malpractice attorneys in California at Licata & Yeremenko, A Professional Law Corporation. Schedule a free consultation by calling at 818-783-5757.