Doctors are entrusted with the care and safety of their patients, but some professionals use medical visits as opportunities for sexual abuse. This abuse can take place in the form of sexual assault or sexual harassment, which is an unacceptable violation of their oath to “do no harm.” If you have been sexually assaulted or sexually harassed by a doctor, please contact the sexual abuse attorneys of Normandie Law Firm. As a victim, you have the right to sue your attacker for monetary compensation. To find out more about your rights as a sexual abuse victim, please call us today for a free consultation.
A Physician’s Duty of Care
All medical professionals, such as doctors, physical therapists, and psychologists, have a duty of care to their patients. The exact definition varies by state, but as a general rule, doctors must treat their patients with care, respect, and diligence. Doing so includes treating the patient in a compassionate, yet professional manner and making sure there is a medical necessity for everything they do. For example, if a doctor needs to touch you during a visit, they must explain where they will be touching you and why it’s required. If the doctor touches you without medical necessity or engages in any conduct for the purpose of sexual gratification, that is a form of sexual abuse.
Along with the physician, the medical facility also has a duty of care to its patients. Facility owners and managers, for example, must conduct extensive background checks to ensure they are not hiring people who pose a threat to their patients. Those who are hired should be constantly supervised, and any complaints from patients must be thoroughly investigated. Failure to take such actions is gross negligence, which would make the facility liable for compensation along with the doctor.
How Much Do These Cases Settle For?
The amount that a medical sexual abuse case settles for depends on the circumstances. In general, the severity of the offense as determined by law is the biggest factor in what you could receive. To give you an idea, the national settlement average for a case of sexual harassment is around $50,000. A case for sexual assault, on the other hand, may be settled for $1 million or more.
Liability, or figuring out the responsible parties, is another critical factor in determining case value. If the hospital’s gross negligence led to a doctor sexually assaulting or harassing a patient, the value of that case may be several million dollars or more. You also need to consider the number of victims involved, since predatory doctors usually have a long history of abuse by the time they’re sued. These cases can be very complicated as the doctor has likely moved on from hospital to hospital. That means more than one facility could be responsible in passing them along and “getting rid of the problem” instead of reporting them to the authorities.
Despite the wide range in values, these cases all have one thing in common: experienced legal representation. Many times, victims are offered settlement amounts and take them because they’re already under so much pressure. Mounting medical bills, lost wages, and other stresses make them vulnerable and reluctant to pursue legal action. As a result, they may be cheated out of thousands, or even millions of dollars that they need for their recovery. That’s where the Normandie Law Group can help. Our California sex abuse lawyers will ensure that you receive the full compensation you’re entitled to.
Our Recent Verdicts and Settlements
$52 Million
$250,000
$2.5 Million
$1.1 Million
$734,851
$460,000
How Do I Know If A Doctor Has Sexually Abused Me?
What exactly counts as sexual abuse can be confusing to patients. Doctors, after all, need to have physical contact with their patients for the purpose of medical treatment. They may also need to perform invasive tests and treatments to identify or prevent certain diseases. Additionally, they may have to discuss a patient’s sexual history or activity in order to recommend the best course of treatment.
To avoid any misunderstandings, doctors must explain what they will be doing and their reasons for doing so. This way, they establish consent with the patient and make it clear that there is a medical purpose for their actions.
Some of the most common types of sexual abuse by doctors include:
- Raping or sexually touching a patient while they’re incapacitated by anesthesia or other types of medications.
- Continuing to touch the patient even if they are clearly uncomfortable.
- Making the patient undress parts of their body that are not being examined.
- Engaging in sexual conversation or asking questions about the patient’s sex life when they are not relevant to treatment.
- Examining the patient’s private areas without gloves.
- Refusing to answer when the patient asks why they are touching you.
Keep in mind that this is not a comprehensive list, and there are other types of doctor sexual abuse that are not so obvious. Say, for example, you go a gynecology exam and bring your mother with you because you’ve had bad experiences with your prior OB/GYN. This is a routine exam and there is no reason someone cannot be in the room with you. However, the doctor refuses to allow your mother in the room. By taking away your support system, the physician may be creating an opportunity for sexual assault or harassment. To learn more about your rights as a sexual abuse victim, please speak with one of our sexual assault lawsuit attorneys.
Can I Sue the Hospital?
Yes, you can sue the hospital if a doctor sexually abuses you. Let’s go back to the above example concerning a visit to a new OB/GYN. You specifically chose this hospital because you prefer to be examined by a female and there are two female gynecologists on staff. When you get to your appointment, there is a “mix up” and the only available doctor is male. During the exam, the doctor engages in sexual contact or conversation that is not relevant to your exam. Later, you find out that there was an available female doctor who could have seen you at a later time, but no one told you that. In this case, the hospital’s negligence put you in a vulnerable situation and you may have grounds to sue.
Another form of hospital negligence involves background checks on doctors, or failing to report incidents of sexual abuse to the police and/or medical board. A famous example is the case of Dr. George Tyndall, who sexually harassed, groped, and photographed women for 30 years as a gynecologist at the University of Southern California’s student health center. Due to USCs negligence, which allowed Tyndall to continue abusing patients, they were ordered to pay a settlement of $852 million to their victims.
While the award doesn’t make up for what his victims went through, it will certainly help with medical bills, on-going therapy, and other expenses relevant to their recovery. Our goal is to fight for all victims of sexual abuse and help them win the compensation they need and deserve. To find out more about your legal options, speak with one of our personal injury lawyers today.
Average Payment If I File a Claim
Your own case is unique to you, the type of abuse you suffered, and the consequences you are dealing with as a result of that abuse. That’s why there’s no magic calculator where we plug in some numbers and come up a payment amount if you file a lawsuit. However, we can give you a range of values based on cases that are similar to yours. The estimated value of your case can also change during the course of your lawsuit, as we uncover more evidence or the impact of your injuries becomes more severe.
We know this may be frustrating to hear, but we at the Normandie Law Group want to make sure that you receive the highest award possible. By coming in for a free consultation, you are giving us the opportunity to learn everything we can about your case. That will give us a better understanding of what we can fight for and the steps we need to take in order to make that happen.
Lawyer That Can Help Me File a Claim
When we go to see a doctor, therapist, or any kind of medical professional, we expect to be treated with compassionate and professional care. When a physician abuses their role in the form of sexual abuse, the impact is often devastating and life-long for their victims. If you believe that you were sexually assaulted or sexually harassed by a medical professional, speak with the Los Angeles sex abuse attorneys of Normandie Law Group right away.
First and foremost, there is no cost or obligation to you under our Zero fee guarantee. Under this policy, we will offer you a free consolation where we can talk about your legal options and answer any questions you have. There is never any pressure to proceed with a lawsuit because each victim has to make that decision for themselves. Our job is to make sure that you have all the relevant information so that you can make the best possible decision. If you do file a claim for damages, there is no upfront cost to you, nor will you pay us anything until your case is over. Best of all, you owe us absolutely nothing if we lose your case, so it’s a win-win either way. Call us today and schedule your free consultation with one of our attorneys.
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