As patients, we put our trust in medical professionals like doctors, dentists, and nurses to take care of us. We hope they will use their education and skill and make us well. Unfortunately, too many medical professionals abuse their authority to sexually assault patients. This type of sexual abuse happens in a variety of contexts, but it is always wrong.
Call Stewart Miller Simmons Trial Attorneys to discuss if you believe a medical professional has abused you. Our Atlanta sexual assault lawyers can ask questions to better understand what happened. Then we’ll roll up our sleeves and determine if you have a legal right to sue for financial compensation. The only way to stop sexual abuse is to find your voice and speak up. Let us help.
Sexual Assault is More than a Crime—It’s a Civil Wrong
Sexual abuse like rape or assault is a crime. You should report it to the police, who can investigate and possibly bring charges. However, this type of unwanted touching is also a civil wrong, called a “tort.” Whenever someone touches you without consent, you have a legal right to seek financial compensation against that person. That’s the law in Georgia.
Call our firm. We have helped many people file civil claims against their abusers for sexual assault. You can seek damages for medical care, pain, and emotional anguish. You might also seek punitive damages for their abhorrent conduct.
How Widespread is Abuse of Patients?
We don’t have reliable statistics, often because abuse victims are afraid of speaking up. Some might have been unconscious and not 100% sure they were even assaulted.
A study from 2017 found that the following were the most common types of sexual abuse of patients:
- Inappropriate touching (33%)
- Sodomy (31%)
- Rape (16%)
- Molestation of a child (14%)
Although anyone can be assaulted, younger females were more likely to be victimized, especially by younger male doctors. During a 10-year period, almost 1,000 doctors were disciplined by their state licensing boards for sexual misconduct. We are confident this number undercounts the instances of sexual assault because victims are either unsure of what happened or are afraid.
Were You Assaulted?
Sexual abuse can take many forms:
- Unnecessary pelvic exams. Your doctor might recommend a pelvic exam for no valid reason, all because the doctor wants to touch your intimate parts.
- Assault while you are under anesthetic. Some patients wake up after surgery and notice they are bleeding from their genitals or anus. They might even have bruises in sensitive places. They aren’t entirely sure if something happened, and the doctor or dentist acts as if nothing is wrong.
- Sexual abuse of the elderly or incapacitated. Nursing home residents are especially vulnerable to abuse. They often cannot speak to tell anyone what is happening or effectively protest. Staff sometimes take advantage to abuse them.
- Sexual assault from a fellow resident. Nursing home residents are sometimes assaulted by another resident. Inadequate staffing or security at the home is often to blame.
- Any unnecessary touching. Doctors often need to touch patients to diagnose a problem, so not all touching is inappropriate. However, doctors should explain why they need to examine a body part and ask for your permission. They should also stop if you tell them to.
- Sexual relations with a patient under their care. Some medical providers will start “consensual” sexual relationships with a patient who cannot legally consent. For example, a psychiatrist might initiate a sexual relationship with a patient under his care. Or the patient is too young. This type of relationship might also count as sexual assault.
As mentioned above, many people are not 100% sure they were victimized. You might have had laughing gas for dental surgery and only been semi-awake for the surgery. When you fully wake up, you notice your underwear is askew and your bra is unhooked. These could be signs someone assaulted you while you were under their care.
How We Can Help
Taking on a medical professional isn’t easy. In some cases, a hospital or clinic could also be responsible for the abuse, and they have an incentive not to share patient records or other information. Any sexual assault would also harm a doctor’s reputation, so you can expect them to deny the allegations and fight.
Work with an experienced sexual assault attorney. We can:
- Listen sympathetically to what you think happened. Share what you know and don’t know. We can devise strategies for uncovering other helpful information. For example, someone might have witnessed the sexual assault, like a nurse or nurse’s aide.
- Find other evidence. We want to strengthen a claim as much as possible. Ultimately, you have the burden of proving the assault likely happened.
- Analyze who might be a defendant. We can sue your abuser, but we might also add a nursing home or hospital as a defendant for your case. This step holds them accountable for not supervising doctors and other professionals on their staff.
- Negotiate a settlement with the defendant. Some common issues arise, such as whether malpractice insurance will cover a sexual assault. We do everything possible to get a fair settlement for our assault victims.
- Discuss a possible nondisclosure agreement. Often, a defendant wants to include a non-disclosure agreement as part of a settlement. This means you cannot talk about the assault without breaking the agreement. Let us review whether this is a good choice for you.
No Excuses
There is never a reason for a medical professional to grope or touch you in an unwanted manner. They should always obtain informed consent from a patient before asking the patient to undress, removing bras or robes, or touching them in sensitive places. When a doctor violates this duty, you should seek justice.
Speak Out—Call Us Today
Patients are vulnerable. Unfortunately, some medical professionals will abuse those who are young, sick, or unable to talk. Call Stewart Miller Simmons Trial Attorneys today to go over what happened in a free consultation. We have won many sexual assault cases and can explain the process in more detail one on one. Reach us at (404) 529-3476.