Suing Your Doctor for Sexual Assault, Sexual Harassment, and Other Types of Sexual Misconduct

​Doctors who sexually assault, sexually harass, or engage in other sexual misconduct with patients violate their ethical and legal obligations.  Unfortunately, this type of conduct occurs all too frequently.  

The most common forms of physician sexual misconduct include inappropriate sexual comments and text messages, unwanted touching of a patient’s private parts, sodomy, rape, and child molestation.  Sexual misconduct by doctors also includes sex with patients that a doctor claims was “consensual.”  True consent to sex is not really possible when the doctor takes advantage of the doctor-patient relationship.

Some studies have shown that between 3% and 5% of doctors have had sexual contact with their patients, and that percentage increases to as much as 5% to 10% for psychiatrists.  This type of unethical and illegal conduct by trusted healthcare professionals can cause serious physical, emotional and psychological harm to patients – especially when the patient has sought treatment from a healthcare provider for emotional or psychological issues.  Patients therefore have the right to sue for compensatory and punitive damages when their doctor abuses their position of trust and confidence.

How to Prove Your Doctor Engaged in Sexual Misconduct

Most cases are resolved with a financial settlement before they ever get to trial.  Many cases are settled before the case is even filed in court.  This is especially true with doctors who have engaged in sexual assault, sexual harassment, and other forms of sexual misconduct.

Whether your case goes to trial or results in a financial settlement, the key to success is developing and organizing strong evidence to prove your claims.

The starting point is your own recollection of exactly what happened, when it happened, and where it happened.  All the other evidence can help corroborate your claims, but your firsthand account is usually the most powerful evidence against the doctor.  And in cases with no physical evidence, recounting the details of what happened will be very important.

Do not be afraid that no one will believe you.  An experienced lawyer can help you prepare in ways that will give you credibility.  Here are some of the ways a lawyer can help you present a winning case.

A powerful case against a doctor for sexual assault, sexual harassment, or other sexual misconduct begins with details that clearly identify the doctor, exactly what he did to you, where it happened, and when.  Seemingly unimportant details such as what the doctor was wearing, what time it was, what type of furniture was in the room, or what he smelled like can add credibility to your recounting of the events.  This is why it is critically important to begin working with a lawyer as soon as possible after the doctor’s improper conduct, when the details will still be fresh in your mind.

How the doctor’s sexual assault or harassment affected you is an important part of the story.  You should seek care and treatment from healthcare professionals for any physical or emotional injuries caused by the doctor’s improper sexual conduct.  If you were raped or otherwise physically violated, go to the hospital.  For emotional distress, seek help from a counselor or psychologist.  Getting the help you need to deal with the physical and emotional harm is the right thing to do in and of itself.  The medical records of that care and treatment will also provide powerful evidence to corroborate what happened to you and the harms it caused.

Evidence that the doctor has engaged in sexual misconduct with other patients can also be very powerful evidence to support your case.  Your lawyer will conduct an investigation to find out if other patients have made similar complaints against the doctor or the facility where he works.  If you have heard of any such complaints, tell your lawyer everything you know to aid in the investigation.

Your lawyer can also retain expert witnesses to analyze the evidence and express opinions on the psychological impact of the doctor’s sexual assault, harassment, or other misconduct.  In addition to proving the extent of your injuries and damages, expert testimony that you suffered severe emotional and physical distress also tends to prove that something terrible really did happen to you.

How to Prove Your Right to Money Damages for a Doctor’s Sexual Misconduct

Sexual assault, harassment and other misconduct by doctors and other healthcare professionals cause serious harm to patients.  The harm often includes severe and long-lasting psychological and physiological effects.  Some of the most common harms include:

• Intimacy and sexual problems
• Depression, anxiety, anger, loss of self-esteem
• Post-traumatic stress disorder (PTSD)
• Substance abuse and eating disorders
• Trust issues in relationships
• Chronic pelvic pain and inflammatory disease
• Menstrual disorders
• Recurrent yeast infections
• Fibromyalgia and chronic pain
• Gastrointestinal disorders
• Headaches and difficulty sleeping

These are serious, life-altering conditions that often require years of medical and psychological treatment.  You are entitled to compensation for the cost of that medical and psychological care as well as for the pain, suffering, and emotional distress you have already suffered and continue to suffer.

Your own testimony, and the testimony of friends and relatives who know what you are going through, can provide some evidence of emotional distress, pain and suffering.  The best evidence, however, will be in your medical and counseling records.  That is why it is critical for you to seek care and treatment from healthcare professionals for all of the injuries caused by the doctor’s sexual assault, harassment and other misconduct.

Go to the emergency room right away if you have been raped or otherwise sexually assaulted.  Consult with your primary care physician or OB-GYN about what happened to you.  Tell them what happened, how you were injured, and how you are having any long-lasting effects.

Seek out help from a social worker, counselor, or psychologist for the emotional distress you are feeling.  Describe in detail for them what happened to you, how that has hurt you, and how you are trying to cope.

Talk to an experienced lawyer who can help you gather, organize, and present your evidence in a compelling manner.

Get an Experienced Lawyer on Your Side

For more than 30 years, we have helped people just like you get justice and compensation.  When you call us, you will speak with a lawyer who is both experienced and compassionate.  To schedule a free and confidential consultation, call us today at (212) 601-2728.