Sexual Assault and Sexual Abuse by Doctors
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Our Lawyers Represent Patients Who Have Been Sexually Assaulted or Sexually Abused by Their Doctors
Sexual Abuse and Sexual Assault Team Lead
Former DOJ Attorney
Sexual assault and sexual abuse in the medical setting are alarmingly common. While all types of health care institutions can—and do—victimize patients, many of these cases involve criminal sexual misconduct perpetrated by doctors. If a medical professional has sexually assaulted or sexually abused you, you have clear legal rights, and we strongly encourage you to speak with one of our lawyers as soon as possible.
When you seek treatment as a patient, you have no choice but to trust your doctor. You need to rely on your doctor’s medical expertise, which means being more vulnerable than in other circumstances. Tragically, while all doctors take an oath to uphold the standards of the medical profession to the Council on Ethical and Judicial Affairs, many doctors are all too able to do physician sexual misconduct in their vulnerable states.
In some cases, this means providing (and billing for) services that aren’t necessary for medical care. But, in others, it means committing sexual assault or sexual violation for their own sexual gratification.
In many sexual abuse cases, physicians have been accused of sexually abusing patients during examinations or treatments under the guise of providing medical care. These incidents often involve sexual acts or unwanted sexual contact that have no legitimate medical purpose.
Survivors of sexual abuse frequently experience lasting physical and emotional trauma, and they have the legal right to hold the responsible parties accountable for their misconduct.
What You Should Know if You Are a Victim of Doctor-Patient Sexual Assault or Abuse
If you are a victim of doctor-patient sexual assault or abuse, you need to protect yourself. You are facing a long and difficult road ahead, and it is important that you do everything you can to help yourself cope and recover. While this means seeking treatment for the physical and psychological effects of the assault or abuse, it also means speaking with a lawyer about your legal rights.
If you or a loved one has experienced sexual abuse by a medical professional, you may be entitled to seek legal recourse through both criminal and civil proceedings. Our attorneys can help you file a civil lawsuit against your doctor or medical institution to recover damages for the physical and emotional harm you’ve endured.
Every state has a statute of limitations that limits how long survivors have to bring a claim. Because these deadlines vary, it’s important to speak with an abuse attorney promptly to protect your right to pursue justice.
Here are five important facts you should know about hiring a lawyer when you experienced sexual misconduct:
1. Your Doctor May—or May Not—Face Criminal Prosecution
If you report your sexual assault or sexual abuse to the police, National Practitioner Data Bank, or national sexual assault hotline, medical professionals may—or may not—face criminal prosecution. While sexual assault and sexual abuse are both criminal offenses, many factors go into prosecutors’ decisions regarding whether to file charges. The unfortunate reality is that many doctors who commit sexual assault and sexual abuse do not face charges because prosecutors are either unwilling or unable to pursue a case against them.
As we discuss below, whether your doctor faces criminal prosecution has no bearing on your legal rights.
Even if your doctor isn’t facing criminal prosecution (or isn’t yet facing criminal prosecution), survivors of sexual assault should still speak with a doctor’s sexual abuse lawyer as soon as possible. To protect patients, they can—and should—file a civil claim regardless of what (if anything) happens in criminal court.
2. You Have Legal Rights Regardless of Whether Health Care Professionals are Found Guilty
This is because you have legal rights regardless of whether your doctor is found guilty. To secure a criminal conviction, prosecutors must be able to prove what happened “beyond a reasonable doubt.” This is a high burden of proof, meaning many guilty people walk free. But, in civil cases, the burden of proof is lower—our lawyers only need to show that it is “more likely than not” that your sexual assault or abuse occurred.
As a result, you should not wait to see if your health care professional faces criminal prosecution. You should not wait at all. As a victim of doctor-patient sexual assault, your legal rights are clear, and our doctor sex abuse attorneys are prepared to do everything we possibly can to make sure you achieve the justice you deserve.
3. Victims of Doctor-Patient Sexual Assault Are Entitled to Financial Compensation
In cases involving patient-physician relationship sexual assault and abuse, achieving justice means recovering financial compensation. Since nothing can erase the past, this is the best our legal system offers. Patients who have been sexually assaulted or sexually abused can hold their doctors and health care organizations accountable for the physical, psychological, and financial costs they endure from the sexual intercourse, and, in many cases, they can hold their medical practice, clinic, or hospital accountable as well.
Many sexual abuse survivors suffer lasting harm that affects their ability to work, maintain relationships, and trust healthcare providers. Our firm helps survivors of sexual and physician-related misconduct seek justice and rebuild their lives.
We understand the long-term toll of physician sexual abuse, and our team has helped numerous abuse survivors navigate the legal process to recover compensation for medical expenses, counseling, and other losses.
If you experienced sexual harassment from your doctor, our lawyers can seek to recover financial compensation for your:
- Treatment costs and other out-of-pocket expenses
- Loss of income and benefits
- Pain, suffering, and emotional trauma
- Loss of consortium and companionship
- Loss of enjoyment of life
4. Taking Legal Action is Important for Protecting Yourself and Others
Taking legal action is important for protecting yourself and others. As a victim of doctor-patient sexual assault or abuse, you need to do everything you can to ensure that you will have the financial resources you need to manage the effects of what happened in the years (and perhaps decades) to come.
Additionally, if you file a claim for patient sexual abuse, this can lead to professional disciplinary action against your doctor. If your decision to come forward means that your doctor is no longer able to practice medicine, your doctor will not be able to victimize other patients in the future.
By pursuing civil lawsuits, patients not only secure compensation for themselves but also help hold negligent institutions and individuals accountable for their actions. Filing claims for sexual abuse in a medical setting can prompt licensing reviews, disciplinary action, and policy changes that protect future patients.
In some cases, law enforcement investigations may also uncover additional victims, strengthening your case and ensuring that victims of sexual abuse are heard.
5. Our Doctor-Patient Sexual Assault Lawyers Will Represent You at No Out-of-Pocket Cost
At Oberheiden Law Group, we represent all sexual assault and sexual abuse victims on a contingency-fee-basis. This means you do not have to pay anything out-of-pocket for our legal representation. If our sexual abuse attorneys help you secure just compensation, we will retain a portion of your settlement or verdict as compensation for our services. Otherwise, you owe us nothing in sexual abuse cases.
Types of Doctor-Patient Sexual Assault and Abuse Cases We Handle
We handle all types of doctor-patient sexual assault and abuse cases on behalf of victims nationwide. This includes but is not limited to, cases involving:
- Sexual comments or advances
- Inappropriate touching
- Forced or coerced sexual contact or sexual activity of any kind
- Sexual assault or sexual abuse during anesthesia
- Overmedicating patients to commit sexual assault or abuse
- Requiring patients to remove their clothes unnecessarily or refusing to provide a gown
- Taking photos or videos unnecessarily or without consent
Again, these are just examples. If you are a victim, no matter what happens, we sincerely want to help you. We are passionate about protecting victims, and our team is here to help you in any way we can.
At Oberheiden Law Group, our attorneys have a proven track record representing victims of sexual abuse in the medical setting. Whether the abuse occurred in a private practice, hospital, or clinic, our experienced abuse attorneys understand how to build a strong case and help you seek justice.
FAQs: Filing a Claim Against Your Doctor for Sexual Assault or Abuse
What Constitutes Sexual Abuse in the Medical Setting?
Sexual abuse in the medical setting can take many different forms. It is also far more common than most people realize. As a result, if you have any reason to suspect that you (or a loved one) may be a victim, we strongly encourage you to speak with one of our lawyers about your legal rights as soon as possible. This costs nothing out-of-pocket.
How Can I Prove that My Doctor Sexually Assaulted Me?
Our lawyers and investigators use a variety of means to prove doctor-patient sexual assault. While we can investigate under any circumstances, it is best if we can conduct an investigation as soon as possible. Our lawyers and investigators can also work with the police and your doctor’s medical board to determine what evidence they have available. From surveillance camera footage to medical records and eye-witness testimony, we use a variety of forms of evidence to prove what happened to our clients.
What Should I Do if I Suspect I was Sexually Assaulted Under Anesthesia?
If you suspect that you were sexually assaulted under anesthesia, you should contact a doctor sexual assault lawyer right away. At Oberheiden Law Group, our lawyers can guide you forward and assist you with contacting the police. We can also conduct a thorough investigation, and we can take all of the steps that are necessary to make sure your doctor is held fully accountable. This includes seeking just compensation on your behalf.
Can I File a Sexual Abuse Claim if My Doctor Isn’t Criminally Charged?
Yes, you can—and should—file a sexual abuse claim if your doctor isn’t criminally charged. Prosecutors may decide not to file criminal charges for various reasons. You deserve justice regardless of whether your doctor faces criminal prosecution. Seeking justice starts with hiring an experienced doctor sexual assault lawyer to represent you.
Should I Hire a Lawyer if I am a Victim of Doctor-Patient Sexual Assault or Abuse?
Yes, if you are a victim of doctor-patient sexual assault or abuse, you should hire a lawyer promptly. In addition to working with the police and prosecutors during their investigation, your lawyer can also pursue civil legal action on your behalf. Victims are entitled to just compensation for all of the financial and non-financial losses they endure, and an experienced doctor sexual assault lawyer will be able to seek the full compensation you deserve.
Speak with a Doctor Sexual Assault Lawyer at Oberheiden Law Group
If you have been sexually abused or sexually assaulted by a doctor, we want to help you. We represent victims nationwide, and our lawyers and investigators rely on extensive experience to fight for the justice our clients deserve. To arrange a free, no-obligation consultation as soon as possible, please call 888-680-1745 or tell us how we can get in touch online now.
Further Information About Our Lawyers for Victims of Sexual Abuse and Sexual Assault Lawsuit Services
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Disclaimer:
The content on this site is informational only and describes mere allegations. The content does not suggest evidence, proof, or guaranteed liability. The merits of each case depend on specific facts. Prior results do not guarantee similar outcomes in future cases. For more details, please see our FTC and general disclaimers. Oberheiden Law is the law firm in charge.