Cases of sexual abuse by medical professionals are far too common. A nationwide analysis by the Atlanta Journal-Constitution revealed that since 1999, more than 2,400 doctors in the US have been disciplined for sexual violations involving patients. Half of those doctors retained their licenses.
For survivors of doctors’ sexual abuse, it can be extremely difficult to speak up. But when you are ready to pursue justice, we at Libra Law Firm are ready to support you. We have obtained civil justice and compensation on behalf of many Southern Californians who were violated by physicians, authority figures, and institutions.
Know your legal options to help your healing. Speak to Libra Law in a free and confidential consultation. Call (888) 565-3214 today.
Types of Sexual Abuse by Doctors
Sexual abuse by doctors can take many forms, ranging from inappropriate comments and gestures to outright sexual assault. Some common examples include:
- Inappropriate touching: Doctors may touch patients in a sexual manner during examinations or procedures, often under the guise of medical necessity.
- Verbal harassment: Doctors may make sexually suggestive comments or engage in inappropriate conversations with patients.
- Voyeurism: Doctors may observe patients in states of undress without medical justification.
- Sexual assault: In extreme cases, doctors may engage in non-consensual sexual acts with patients.
Regardless of the specific form of abuse, the impact on the victim can be devastating, leading to emotional trauma, loss of trust in medical professionals, and long-lasting psychological effects.
Holding Abusive Doctors Accountable
Sexual violations by a doctor may be both a criminal and a civil case. In the criminal justice system, state prosecutors may press charges against an alleged offender, and the defendant may or may not be convicted and punished. But regardless of the outcome of the criminal case, a sexual abuse victim can file a civil case against their abuser. A successful civil claim can compensate the survivor for their suffering and give them a form of justice and closure.
At Libra Law Firm, our focus is helping survivors pursue their civil claim. We believe that no one should have to endure the trauma of sexual abuse, especially at the hands of someone they trusted with their health and well-being. Our skilled attorneys are dedicated to holding abusive doctors accountable for their actions and ensuring that victims receive the justice and compensation they deserve.
Through civil litigation, we can pursue claims against abusive medical entities such as:
- Doctors or physicians
- Nurses or care providers
- Therapists
- Psychiatrists or psychologists
- Dentists
- OB-GYNs
- Hospitals and medical institutions that enabled or failed to prevent instances of sexual abuse.
Our goal is not only to secure financial compensation for our clients but also to send a strong message that sexual misconduct will not be tolerated.
Holding Abusive Doctors’ Employers Accountable
In many cases of sexual abuse by doctors, the medical facility or hospital that employed the abusive doctor may also be held liable. Employers have a legal duty to properly vet, train, and supervise their employees to prevent misconduct and ensure patient safety. If an employer knew or should have known about a doctor’s sexual abuse or inappropriate behavior, but failed to take appropriate action, the employer can be considered negligent.
This negligence can make the employer legally responsible for the doctor’s actions and the resulting harm to patients. Here are some examples of employer negligence in cases of sexual abuse by doctors:
- Failing to properly investigate previous complaints or allegations against the doctor
- Inadequate background checks or vetting during the hiring process
- Lack of proper policies and procedures for preventing and addressing sexual misconduct
- Insufficient training for staff on identifying and reporting inappropriate behavior.
At Libra Law Firm, our attorneys thoroughly investigate the circumstances surrounding the abuse to determine if the employer can be named as a defendant in the lawsuit. Holding medical facilities and hospitals accountable not only helps provide compensation for survivors but also incentivizes better oversight and safer medical environments. This also helps create systemic change within the healthcare industry, promoting a culture of accountability and patient safety.
The Civil Litigation Process
The civil litigation process for cases of sexual abuse by doctors typically involves the following steps:
- Initial consultation: During a free and confidential consultation, we will listen to your story and evaluate the merits of your case.
- Investigation: Our team will conduct a thorough investigation, gathering evidence, interviewing witnesses, and building a strong case on your behalf.
- Filing a complaint: We will file a civil complaint against the abusive doctor, hospital, or medical institution, outlining the allegations and seeking damages.
- Discovery: Both parties will exchange relevant information and evidence through the discovery process.
- Settlement negotiations: In many cases, we may attempt to reach a fair settlement agreement before going to trial.
- Trial: If a settlement cannot be reached, we will vigorously represent you in court, presenting evidence and arguments to a judge or jury.
Throughout this process, our attorneys will provide compassionate support and guidance, ensuring that your rights and well-being are protected every step of the way.
Damages and Compensation
In cases of sexual abuse by doctors, victims may be entitled to various forms of compensation, including:
- Medical expenses: Compensation for any medical treatment or therapy required as a result of the abuse.
- Lost wages: If the abuse caused you to miss work or lose income, you may be entitled to recover those lost wages.
- Pain and suffering: Monetary compensation for the emotional trauma, mental anguish, and psychological distress caused by the abuse.
- Punitive damages: In cases of particularly egregious misconduct, the court may award punitive damages to you to punish the abusive doctor or medical institution.
At Libra Law Firm, we understand that no amount of money can undo the harm caused by sexual abuse. However, financial compensation can provide victims with the resources they need to access quality medical care, counseling, and support services, empowering them on their journey towards healing and recovery.
Frequently Asked Questions (FAQs)
What constitutes sexual abuse by a doctor?
Sexual abuse by a doctor can take many forms, including inappropriate touching, verbal harassment, voyeurism, and sexual assault. Any non-consensual sexual behavior or exploitation of the doctor-patient relationship for sexual gratification is considered abuse.
Can I file a civil lawsuit against an abusive doctor even if criminal charges were not filed?
Yes, you can pursue a civil lawsuit against an abusive doctor, hospital, or medical institution, regardless of whether criminal charges were filed or whether the abuser was convicted. Civil and criminal cases are separate legal processes with different burdens of proof and potential outcomes.
How long do I have to file a civil lawsuit for sexual abuse by a doctor?
In California, the statute of limitations (time limit for filing a lawsuit) for civil cases involving sexual assault is generally 10 years from the date of assault. However, this time limit may be extended due to certain circumstances. For instance, if you were sexually abused as a child, you may file suit until your 40th birthday. It’s crucial to consult with an experienced attorney as soon as possible.
Can I file a civil lawsuit against a doctor who sexually abused me years ago?
In some cases, it may be possible to file a civil lawsuit for sexual abuse that occurred years or even decades ago. This depends on the applicable statute of limitations and any exceptions or extensions that may apply. Our attorneys will carefully evaluate the specifics of your case and advise you on the best course of action.
What kind of evidence is needed to prove sexual abuse by a doctor?
Evidence in sexual abuse cases can include medical records, witness testimony, photographs, audio or video recordings, and any other documentation or physical evidence that supports the allegations. Our attorneys will also look into the doctor’s disciplinary records and work history to determine whether they have been the subject of complaints in the past. Our team will work diligently to gather and present compelling evidence to support your case.
Can I remain anonymous or keep my identity confidential in a civil lawsuit against an abusive doctor?
It may be possible to file a civil lawsuit using a pseudonym or to keep certain details of your identity confidential. Our attorneys will explore all available options to protect your privacy and ensure your comfort throughout the legal process.
How much does it cost to hire an attorney for a sexual abuse case against a doctor?
At Libra Law Firm, we work on a contingency fee basis, which means you don’t pay any upfront costs or attorney’s fees. We only collect a percentage of the compensation we recover for you if we are successful in your case. This ensures that our services are accessible to all victims, regardless of their financial situation.
How long does a civil lawsuit for sexual abuse by a doctor typically take?
The duration of a civil lawsuit can vary significantly depending on the complexity of the case, the number of parties involved, and whether a settlement is reached or the case goes to trial. Some cases may be resolved within a few months, while others can take a year or more. Our attorneys will keep you informed throughout the process and work diligently to resolve your case as efficiently as possible.
What happens if the abusive doctor has lost their medical license or is no longer practicing?
Even if the abusive doctor has lost their medical license or is no longer practicing, you may still be able to pursue a civil lawsuit against them. Our attorneys will explore all available legal avenues to hold the responsible parties accountable.
Can I file a civil lawsuit against a doctor for sexual abuse if I have a criminal record or a history of mental illness?
Yes, you can still pursue a civil lawsuit for sexual abuse by a doctor, regardless of your personal history or background. Our attorneys will focus on the merits of your case and the evidence supporting your allegations, not your personal circumstances or past.
Get Legal Help From Libra Law Firm
If you or a loved one has been a victim of sexual abuse by a doctor in Newport Beach, reach out to us for a free and confidential consultation. Together, we can navigate the legal process and pursue the justice and compensation you deserve.
Remember, you are not alone in this fight. With Libra Law Firm by your side, you have a strong ally committed to advocating for your rights and supporting you on your journey towards recovery. Contact us today at (888) 565-3214 to schedule your consultation and take the first step towards reclaiming your life.
