Doctors are considered dependable people, particularly in cases where patients are exposed, vulnerable, and seeking compassionate care. Sadly, some health practitioners exploit that trust and take advantage of patients for their sexual gratification. This abuse is a violation of both legal and ethical standards. The law allows you to file a civil lawsuit if you have experienced assault, sexual abuse, or misconduct by an OB-GYN, doctor, or any other healthcare professional. The lawsuit will not only pursue the doctor; the clinic, hospital, and healthcare systems that allowed the abuse to occur will also be held accountable.
Sexual Abuse By a Doctor
A patient’s evaluation can involve physical contact and exposure of intimate body parts. Sometimes, you can know the doctor’s intent if you notice awkward behavior while examining you. On the other hand, it can be challenging to identify inappropriate behavior and prove it. Usually, in most doctor sexual abuse cases, the crime is obvious. Sexual assault by a health practitioner can take place when he/she violates your privacy by engaging in inappropriate sexual touching or sexual intercourse. You can file a sexual abuse lawsuit against a doctor who participates in sexual touching that does not have a valid medical purpose. The law also allows you to do so if the doctor touches you for sexual gratification. Examples of sexual assault and abuse by doctors include:
- Taking photos of a patient without any medical purpose or the patient’s permission
- Forcing or coercing you into providing sexual favors in exchange for highly addictive drugs like OxyContin and hydromorphone
- Making sexual or seductive remarks before, during, and after examinations or treatments
- Engaging in voyeurism by installing video cameras in bathrooms and examination rooms
- Forcing or coercing you into unnecessary physical exams, like insisting on performing a gynecological assessment when the appointment is for another purpose, like a flu shot
- Carrying out unnecessary rectal or vaginal assessments that involve attempts to sexually stimulate you
- Exhibiting sexually suggestive behaviors or gestures before, during, and after examinations
- Forcing you to take off your clothes when it is unnecessary, like insisting on removing clothes for a consultation regarding a non-related problem, like a sprained ankle
- Disregarding your right to privacy by refusing to allow a nurse to be present during assessment
- Carrying out unnecessary procedures, like touching your sensitive body parts or causing undue pain
- Touching your private parts without using gloves
Filing A Sexual Abuse Lawsuit Against A Doctor
Filing a sexual abuse case against a doctor is not the same thing as pressing criminal charges. Pressing criminal charges is about punishing the perpetrator of sexual abuse. On the other hand, civil litigation is about justice for the sexual abuse victim. You can receive significant compensation for sexual abuse if your civil claim goes through. This can cover not only physical injury, but also therapy costs, long-term suffering, and emotional trauma. The lawsuit is your legal tool to pursue accountability from both the doctor and the health facility that allowed the abuse.
You should consult an attorney who specializes in doctor sexual abuse cases. An attorney understands how to uncover the internal failures, which allow abuse to go unchecked. While examining your case, an attorney will look at the following aspects:
- Whether there is a record of complaints
- Whether the health facility chose to protect the healthcare practitioner
- Whether other patients raised concerns
The truth is often hidden in internal emails, complaint logs, and medical records. This truth can only be revealed with the right legal strategy. Holding the doctor and the health facility accountable is not just about awarding damages. It is about sending a message that doctors will not get away with sexual abuse. A civil lawsuit allows you to speak up, take back control, and pursue the justice you deserve if the doctor harmed you.
Filing a sexual abuse case against a doctor helps the survivor and his/her family members secure justice and financial compensation. This can also reveal sexual offenses being committed by the doctor in the community, protecting prospective patients from sexual abuse. The following are some of the parties that can bring sexual abuse lawsuits against doctors:
- A sexual abuse victim
- Witnesses of emotional distress
- The spouse of the victim for loss of consortium
- Family members of the victim
- A minor’s parent/ legal guardian
The Steps You Should Take If A Doctor Sexually Abuses You
Share with someone immediately if your doctor sexually assaults you. Coming forward can be hard, but it is essential to protect yourself and others in your community by speaking about it. You can also seek the services of a doctor sexual abuse attorney. However, you can learn how to deal with what happened effectively with the help of a trained professional like a therapist. Filing a lawsuit against the doctor can be extremely emotionally challenging, but you do not have to do it alone. Some other crucial steps you can take to protect your rights and develop your case include:
Document What Took Place
Record the details of the sexual abuse as clearly as possible, including dates, locations, and any communications with the medical practitioner or the doctor’s office. Keep your medical records, emails, or text messages that can support your account safely.
Report The Abuse
Report the doctor's sexual abuse to the relevant authorities and file a complaint with the Medical Board of California. Filing a criminal lawsuit cannot pursue a civil claim, but can trigger investigations that can strengthen your case. The doctor’s license can also be revoked if you report the case to the Medical Board.
Seek Support And Counseling
Recovering from sexual abuse is a personal and continuous process. Support groups or counseling services can provide you with tools to deal with the emotional distress and rebuild resilience as you continue with your life.
How To Hold Health Facilities And Third-Parties Responsible For Doctor Sex Abuse
The major challenge in doctor and hospital sexual abuse cases is that the doctor’s malpractice insurance cannot cover the injury he/she causes to the patient. Most insurance companies claim that sexual abuse is intentional, not a medical mistake, and therefore not covered. This can leave you with few options if the medical practitioner has no meaningful assets. You could be in a big dilemma if this is the case. In this situation, however, the hospital, medical group, or health system that permitted the abuse must be held accountable.
In health facility sexual abuse case, the aim is to hold the employer accountable. This includes healthcare corporations, clinics, and hospitals that did the following:
- Did not respond to the complaints
- Failed to investigate the allegations, or
- Actively covered up the misbehavior
The health facilities can be liable if they were aware or should have been aware that the doctor posed a danger to the patients. Most victims only discover years later that their abuser had a significant record of similar behavior. This can be recorded in complaint files that exist and can easily be accessed. These complaints are not just about a single bad medical practitioner, but about systemic failure.
Your doctor sexual abuse attorney has a burden to prove that failure by showing a pattern. This can include:
- Proving that a nurse reported a similar abuse case years back
- Proving that several patients said something felt off
- Proving that there were written warnings in the doctor’s personnel file
- Proving that the health facility did not do anything about the complaints
The above evidence can build a solid hospital sexual abuse case.
A hospital or doctor sexual abuse case is often about finances. This is the way most civil justice systems work. Doctor sexual abuse attorneys always pursue this, but for most victims, it is about holding the health facility accountable for what they allowed. An experienced attorney knows how to disclose the truth and make the health facility answer for its duty. The lawsuit can result in meaningful verdicts or settlements. It can also push the health facility to make long-overdue changes to protect prospective patients.
Whether Malpractice Insurance Can Cover Sexual Abuse
Medical malpractice insurance for healthcare practitioners often does not cater to doctor-patient sexual abuse. Like doctors, malpractice insurance for healthcare professionals only offers liability coverage for negligence. The policies do not cater for intentional acts by healthcare providers or doctors. Sexual abuse of a patient is often considered a deliberate act under California law. This is the reason why malpractice insurance does not apply.
However, there are ways around this issue if you work closely with a competent attorney. Your attorney can assist you in suing the medical practice, hospital, or other institution that hired the medical practitioner. You can file a sexual abuse case against the hospital based on negligent supervision or hiring if the doctor was an employee of a hospital or the larger healthcare system.
Determining Doctor Sexual Abuse Settlement
There is no universal amount of compensation for doctor sexual abuse. Calculation of doctor sexual abuse settlement is a complicated and sensitive process. It is often determined by the following factors:
The Ability of The Accused To Pay
When you seek compensation for a doctor's sexual abuse case, the court will often look at whether the doctor should pay. If the doctor has insurance or assets, the judge is likely to impose a high settlement amount on the doctor. The settlement will also hinge on whether there is a third party liable for the sexual abuse. It can be challenging to secure a well-deserved settlement if the doctor has limited assets. Whatever the situation, you should seek legal representation by an experienced attorney. Some victims make the mistake of failing to consult an attorney who can pursue compensation against liable doctors on their behalf.
The Severity Of The Abuse
You can secure a higher settlement if the doctor's sexual abuse was severe. This can happen if you suffer psychological, emotional, and physical harm. These injuries are the major drivers of doctor sexual abuse settlements because they are often considered by the juries.
The Effect Of The Abuse On The Victim
Judges often consider the impact of the doctor's sexual abuse on the victim’s life and well-being. This can include emotional or physical scars, medical expenses, and lost earning potential. The more you were affected by the abuse, the higher the sexual settlement amount.
The Period Of The Abuse
The court can impose a higher settlement amount on the doctor if he/she sexually abused you for an extended period.
The Age Of The Victim
The judge can award a higher doctor sexual abuse settlement if the victim involved is a child or a young person. The law allows this because children are more vulnerable and have a longer life ahead of them to deal with the repercussions of the abuse.
The Jurisdiction
Different regions in the United States have different status and regulations that cover doctor sexual abuse settlements, which can significantly affect the final settlement amount.
The Evidence
The availability of evidence like witness statements, medical records, and other documentation can also influence the settlement amount. You can be awarded a higher sexual abuse lawsuit settlement if you provide more substantial evidence.
The Damages You Can Recover For Doctor Sex Abuse
You can receive financial compensation if your doctor sexual abuse lawsuit goes through. Some of the damages you can recover include:
- Medical costs for therapy and other forms of mental healthcare
- Lost income if you are unable to go back to work
- Loss of future earning capacity
- Mental pain and suffering
- Emotional distress
- Loss of consortium
Whether To Pay Tax On A Doctor Sexual Abuse Settlement
For most victims of doctor sexual abuse, securing compensation is not just about financial compensation. It is about accountability, justice, and the ability to rebuild their lives. However, the tax consequences of this compensation are the main issue. Most people claim that doctor sexual abuse claims are just like any other personal injury claim.
The current U.S. law requires victims of doctor sexual abuse to pay taxes on portions of their compensation. Victims compensated for emotional distress and psychological harm are covered under the current tax law. Most attorneys, however, argue that this is an unfair tax burden that adds insult to injury. They allege that victims are being forced to pay the IRS for the trauma they have endured.
According to Section 104(a)(2) of the U.S tax code, personal injury compensation is not taxable. The reason behind this claim is that compensation for harm suffered is not income but a way of making you whole. Unfortunately, the change in the law in 1996 orders only sickness or physical injuries to be tax-free. In this case, unless your doctor's sexual abuse resulted in visible physical injuries, your compensation will be taxable.
The current tax law has been extensively criticized. Most people claim that it is unfair to tax the people who are struggling to heal from severe mental and emotional injuries. The current law does not consider the severe and lasting effects of doctor sexual abuse that are not visible, like depression, anxiety, and PTSD.
The Survivor Justice Tax Prevention Act
The Survivor Justice Tax Prevention Act was passed in Congress in October 2024 to address this unfairness. Section 104(a)(2) was amended in this Act to explicitly include doctor sexual abuse and unwanted sexual contact as eligible personal injuries. Under the new law, the compensation the victims receive, whether emotional or physical harm, is tax-free.
The new law has addressed many issues, including removing the burden that the victims face in proving that their harm meets the outdated IRS’s definition of physical harm. All sex abuse compensations are now exempted from taxation. Doctor sexual abuse victims today receive their complete settlements without government interference.
Statute Of Limitations On Doctor Abuse Civil Cases
If the doctor has sexually abused you, the law in California has designated the period within which you can file a civil lawsuit. The statute of limitations is as follows for adults:
- Within three years of discovering the abuse, such as identifying the misbehavior or realizing the psychological harm.
- Within ten years of the last incident of sexual abuse
On the other hand, you have a larger window to file your claim if you were a child below 18 years at the time the sexual abuse took place. In most situations, you are allowed to file before you turn forty years old. However, under the new law, you have no statute of limitations for filing a civil lawsuit if the abuse happened on or after January 1, 2024.
You still have legal options, whether you were an adult or a child at the time of the abuse. This extended window can make a big difference for victims who uncover repressed memories or later connect mental health struggles to the sexual abuse.
Find A Committed Personal Injury Attorney Near Me
Suffering sexual abuse is devastating. The trauma can be worse if the abuse is perpetrated by someone you trust, like your doctor. If you or a loved one is a victim of sexual abuse by a doctor, you should seek the services of an aggressive personal injury attorney to help you seek compensation. An attorney can evaluate your case, gather evidence, and help you file a civil lawsuit against the doctor or the healthcare facility.
For professional legal representation and counsel, contact The LA Personal Injury Law Firm. Call us today at 310-935-0089 to speak to one of our attorneys.
