Empower Sexual Harassment Attorneys – (Sexual Harassment Defense) Doctors/Psychiatrists/Psychologists

Healthcare is more than just a job. It is a calling to serve, treat, and profoundly impact lives in your San Diego community. However, this noble calling can encounter challenges if you are accused of sexual harassment. The allegation can pose risks to your personal and professional reputation, and a conviction can attract serious repercussions on your practicing license. Empower Sexual Harassment Attorneys can help you fight the allegations and potential disciplinary action and sometimes potential criminal prosecution due to complaints from your employees or patients, including those with psychiatric disorders, mental incapacities, serious substance abuse addictions, and extortionists. Once you call us, we can dedicate time to answer your questions and listen to your version of the story.

Definition of Sexual Harassment in California

Sexual misconduct complaints are prevalent in healthcare facilities where doctors can be prosecuted for abusing their position of power to harass nurses, patients, or other hospital workers.

Quid pro quo allegations of sexual misconduct occur when a person accuses you of trying to coerce a patient or employee into sexual activity in exchange for a pay rise, preferential treatment, or medical treatment at no cost or access to certain types of prescription pills.

Before conducting a physical examination, you must secure the patient’s informed consent. Per California law, you should inform your patients of any medical examinations you will administer and the specific body parts you will examine. You must ensure patients understand the examination, treatment, or medical procedure. If you fail to obtain a patient’s informed consent, you might be prosecuted civilly and criminally.

Behavior that constitutes sexual harassment can include the following:

  • Unwanted sexual jokes or comments either in person or via electronic means like emails or texts
  • Staring at patients or their bodies in a sexual manner
  • Sexually suggestive groping, touching, or contact without the consent of the patient
  • Unwanted sexual advances
  • Invasion of a patient’s personal space or impeding their movement
  • Emailing or viewing pornographic material on the job
  • Repeated requests for sexual favors or dates
  • Posting, showing, or circulating sexually explicit content in the workplace

Examples of Doctor/Psychiatrist/Psychologist Sexual Harassment

The California Business and Profession Code 726 forbids sexual misconduct by a medical practitioner. Prohibited acts are as follows:

  • A physician making inappropriate remarks, jokes, or sexual advances
  • Nonconsensual touching
  • Molestation
  • Sexual battery
  • Sexual assault
  • Taking advantage of a patient while they are under anesthesia or unconscious
  • Lewd acts with an underage minor
  • Indecent exposure
  • Oral copulation
  • Sexual abuse
  • Lewd behavior
  • Prostitution or solicitation
  • Sexual relations with a patient
  • Attempted rape
  • Rape
  • Penetration by foreign misconduct

The Medical Board of California (MBC) forbids a sexual relationship between a doctor and a patient, even if it is consensual. An allegation could result in disciplinary action and severe professional disciplinary consequences, including revocation.

After the MBC’s investigating official contacts you, take note of their contact details, avoid answering their questions, and consult your license defense attorney. Any statements you make to the MBC’s investigator can turn to admissions of guilt, hurting your potential defense. Therefore, you should let your lawyer handle all communications to safeguard your rights and prevent you from making expensive mistakes.

Your attorney should analyze the matter and work hard to resolve it after you receive a notice of your allegations. Your medical license defense lawyer also has immense legal experience handling cases involving accusations of sexual misconduct and can handle the following:

  • Potential criminal charges
  • Potential police investigations
  • Potential civil financial liability
  • Potential reputational damage
  • Potential medical licensing board disciplinary proceedings

The Medical Board of California Investigative Procedure

The Medical Board of California (MBC) licenses and regulates medical professionals within California. Its oversight power allows it to investigate complaints of physician misconduct and, if necessary, punish those guilty of violating the laws and rules that guide the practice of medicine.

Complaints against medical professionals can be filed with the MBC by patients, colleagues, insurance firms, hospitals, or anonymous sources. When the MBC receives a complaint of alleged misconduct, it will investigate the matter. If there is sufficient proof to substantiate the claim, investigative proceedings will take place to decide the appropriate disciplinary action against the licensee. Your attorney can build a vigorous defense to protect your professional license.

A formal accusation is a legal document outlining alleged breaches of practicing regulations or charges against a licensee. Once you receive the formal accusation, you and the board can resolve the matter through either of the following:

  • A negotiated settlement
  • An administrative hearing before an ALJ or administrative law judge

In both circumstances, the MBC will impose a set of disciplinary actions.

Professional Disciplinary Penalties for Sexual Harassment Violations

If found liable for sexual misconduct, you can face at least one of these disciplinary penalties:

  • A citation and fine — Minor breaches attract this type of disciplinary action.
  • A public reprimand or reproval — While the disciplinary action is seemingly less severe, the board will include it in your public record that the public can access and affect your career in the future.
  • License suspension — Your licensing board will order you to stop practicing for a specific duration until you meet certain requirements.
  • The board can order the licensee to reimburse it for all legal expenses incurred in the disciplinary proceeding. It includes money spent during your investigation and monitoring you.
  • Stayed suspension with probation and certain terms and conditions — The board allows you to continue practicing but must comply with your probationary conditions. Breaking the probationary terms could result in the withdrawal of the privilege to practice.
  • License revocation — If you have committed a severe crime, the board will order you to surrender your license and stop working, making you unlicensed. Sometimes, you can file a reinstatement petition to recover the practicing privileges. The board decides whether to reinstate the license and when.

How To Appropriately Respond to the Board’s Complaint

If notified of the sexual harassment complaint against your license, you should do the following:

  • Remain calm — Understand that, as serious as things sound, most complaints get resolved without disciplinary action.
  • Collect your documents — Gather relevant documentation, but do not modify anything.
  • Do not communicate with your accuser — If you contact the individual who made the complaint to the MBC, the board could perceive it as retaliation or intimidation, which can attract legal ramifications.
  • Consult your attorney — Partner with a lawyer specializing in medical board professional license defense. They will enable you to navigate the procedure and safeguard your rights.
  • Reflect and make necessary changes — Use the alleged complaint as an opportunity to evaluate and improve your practice.
  • Respond with accuracy — Submit a comprehensive and factual response to the MBC. Your lawyer can help draft an appropriate response. Failing to file your response will result in license suspension without the board listening to your side of the story.
  • Prioritize your mental well-being — The board’s investigations can be stressful. Therefore, do not hesitate to request emotional support from family, friends, and mental health experts.
  • Be honest — Lying or attempting to mislead the board can escalate even a sexual harassment case.

The Power of Legal Guidance in Disciplinary Investigations

Realizing your license is under investigation by the MBC is a disheartening experience. The complexities of the legal processes and the potential impact on your career emphasize the need for expert legal assistance.

An attorney can provide the following:

  • Advocacy and legal representation — A knowledgeable lawyer will ensure the board protects your legal entitlements and hears your voice throughout the disciplinary process.
  • Legal guidance and support — The disciplinary procedure can be overwhelming and stressful. Legal support extends beyond the courthouse. It includes emotional assistance and reassurance, enabling you to navigate this challenging time without fear or worry. The attorney will also help you navigate all disciplinary guidelines and their complexities.
  • Presenting mitigating evidence — With your professional license on the line, the odds are high in disciplinary proceedings. Your lawyer will fight hard to mitigate potential repercussions and protect the medical career in which you have invested much time, energy, and money.
  • Personalized defense strategies — Every license defense case is different and requires a unique approach. A specialized legal counsel can develop a case strategy that caters to your specific circumstances and sexual harassment charges.
  • Negotiating skills — Sometimes, your lawyer will engage in negotiations or a settlement to obtain a resolution that works in your favor.
  • Rehabilitation and public protection — Legal experts understand the appropriate balance between public protection and a licensee’s rehabilitation, an essential part of negotiated settlements. They will work aggressively to achieve that.

Criminal Consequences and Penalties of a Sex Crime Conviction

The repercussions of a conviction after sexual harassment allegations are life-altering.  The penalties go beyond incarceration, impacting almost all aspects of a medical practitioner’s life.

These criminal penalties are as follows:

Incarceration and Fines

Once found guilty of a sex offense, you can receive a lengthy prison term and hefty fines. The seriousness of the punishment depends on the nature of the crime, with offenses like aggravated assault attracting the harshest penalties.

Mandatory Sex Offender Registration

California PC 290 states that a person found guilty of certain sex crimes register as a sex offender for years or life based on the seriousness of the crime. The registration involves submitting your personal information to the local police department each year within 5 days of your birthday and 5 days after relocating to a new residence. There are three tiers of sex offender registration in California, including:

  • Tier 1 sex offender registration — Tier 1 registry requires a sex offender registration of 10 years. It applies to low-level sex offenders, those with misdemeanor sex offender convictions for sexual assault and indecent exposure.
  • Tier 2 sex offender registration — Tier 2 registry requires a convicted sex offender to register for 20 years. It applies to convictions of mid-level sex offenses that include lewd acts with an underage child below 14.
  • Tier 3 sex offender registration — Tier 3 registry requires sex offenders to register for life. It applies to sex offenders with convictions of more severe sex crimes, including sexual abuse of minors below 10, rape, and repeat sex offenders.

Classification As a Habitual Sex Offender

California PC 667.71 imposes a lengthy prison term of twenty-five years on habitual sex offenders. You could be classified as a habitual offender if you have a previous sex crime conviction for a specific sex crime. The regulation applies to severe sex offenses, including rape, sodomy, and lascivious acts with a minor.

Probation is not an option for habitual sex offenders. As a result, they will serve their complete prison terms on top of mandatory registration as habitual sex offenders for life.

Financial Consequences

The financial repercussions of a sex crime allegation can be overwhelming. The economic burden of fighting criminal charges, civil suits, and potential appeals can be substantial, draining your savings and financial resources.

If you receive a sex crime conviction, you may face additional penalties from the board or hospitals, including termination from your job or exclusion from insurance coverage, further worsening the financial and professional impact.

Damage to Personal and Professional Life

A sex crime conviction could damage your personal life and professional career by limiting where you can live, work, or travel. The social stigma associated with a conviction for a sex crime can lead to loss of employment and irreparable damage to some personal relationships.

Longterm Repercussions

Future repercussions relating to a sex crime conviction can include ongoing legal supervision and probation, with additional restrictions on your freedom. Furthermore, the psychological effects of being classified as a sex offender could result in severe emotional disorders, including anxiety, stress, and depression, complicating your capacity to rebuild your life once you have completed your sentence.

Legal Defenses

A sexual harassment allegation can arise if a medical procedure involves a necessary procedural touch, which the patient mistakes for inappropriate sexual contact.

Regardless of the cause of the allegations, you should understand that you and your defense lawyer can fight the accusations. Strong defenses to an accusation can include the following:

  • You are a victim of blackmail and extortion
  • You have the patient’s consent to perform a valid medical procedure
  • False accusation
  • You engaged in medically appropriate conduct

Tips on Avoiding or Lessening Potential Complaints

Ways in which you can protect your professional license as a medical practitioner include the following:

  • Document everything — Keep comprehensive documentation of your professional decisions and patient interactions.
  • Clear communication with patients — Most complaints arise from unmet expectations or misunderstandings. Ensure your patients understand what to expect from their treatment and explain potential medical complications or risks. Write down these decisions in their medical records.
  • Be honest and professional — Be ethical in everything. Honesty is indeed the best policy.
  • Get consent for each examination — When explaining to a patient why a particular symptom in a specific body part requires a medical exam, explain what the exam entails, the equipment you will use, and any potential discomfort.
  • Stop once the patient requests you to — If a patient experiences discomfort during a medical examination, they can ask you to stop at any time. Your patient can withdraw their consent to a procedure at any time and for any reason without explanation. You should respect and comply with the patient’s request.
  • Avoid making lighthearted or personal comments — It can be tempting to attempt to ease an anxious patient with a lighthearted conversation, but it may be misinterpreted or cause offense.
  • Maintain professional boundaries — Keep your relationships with patients professional, and be careful with what you post on social media platforms.
  • Allow patients the privacy to dress and undress.
  • Prioritize self-care — Burnout can result in errors on the job. On the other hand, practicing good self-care enables you to offer optimal care to patients.
  • Stay up-to-date with best practices — Medical practices are ever-evolving, so keep current with the latest guidelines and undertake continuing education.
  • Implement robust policies and guidelines — Establish proper guidelines for test results, prescription refills, and patient referrals.
  • Respond fast to patient complaints — Do not allow minor issues to fester. Instead, resolve them immediately before they evolve into formal complaints.
  • Seek legal guidance — If unsure of how to proceed in a particular situation, you should not hesitate to obtain legal assistance.

How to Fight False Allegations of Sexual Harassment Against You

An effective defense against false accusations of sexual misconduct can include any of the following:

Using Alibi

An alibi defense consists of demonstrating that you were not at the location of the alleged offense when it occurred. Alibi proof can include surveillance footage, phone records, or witness testimony that prove you were in a different location during the alleged sexual harassment incident. Creating a robust alibi casts doubt on the credibility of the accuser’s claim.

Inaccurate Statements

The person who made the complaint must substantiate their claim by providing statements without contradictions or inconsistencies.

Your lawyer can utilize any inaccuracies to fight your accuser’s testimony.  The legal counsel can analyze all the accuser’s statements and compare them to the rest of the evidence, including CCTV footage, medical records, or witness reports, to spot inconsistencies that can form part of your defense strategy.

Expert Testimony

Expert witnesses play a crucial role in sex crime defenses. Psychologists and forensic experts, among other medical practitioners, can testify on issues related to the case, like the mental state of your accuser, the absence of physical proof, or the inconsistencies of the sexual harassment claims.

Misidentification or False Memory

Human memory is prone to error, and witnesses can sometimes confuse one individual for another or misremember events. Misidentification or false memory defenses could be viable if you submit proof that the accuser misidentified you. You might also be required to submit an alibi, expert testimony, or corroborating witnesses on the dependability of eyewitness accounts.

Proof of a False Allegation

Jealousy, revenge, or trying to gain an advantage in a legal battle are some of the motives that can drive false allegations. When you have proof that your accuser has an ulterior motive to fabricate the accusations, you and your lawyer should present exonerating details before the board. It can include emails, text messages, or witness reports demonstrating the accuser’s intent to hurt your career and professional reputation.

Patients Right to Know Act

California’s SB 1448 regulation requires  serving probation because of severe misconduct to disclose it to their patients. Additionally, Business and Professions Code Section 2228.1, enacted on 1st July 2019, requires licensees serving probation to tell patients they are on probation for acts of sexual misconduct, abuse, or inappropriate relationships with patients as outlined in Business and Professions Code Section 726.

You should also offer a separate disclosure to patients or guardians before the patient’s initial visit.

The separate disclosure should include the following:

  • Your probation status
  • Duration of probation
  • The Medical Board of California contact information
  • The MBC’s imposed professional practice restrictions
  • Your probation’s completion date
  • How they can access your probation details on the MBC’s public website

The medical practitioner must obtain the patient’s signed disclosure copy.

A medical practitioner is not mandated to provide a disclosure to patients if one of these applies:

  • The hospital visit happens in an urgent care section or emergency room or is unplanned and includes inpatient consultations.
  • The patient cannot understand and sign the disclosure because they are unconscious and their representative is not present.
  • The medical practitioner providing healthcare has no direct treatment history with the patient and is unknown to them until this specific hospital visit.
  • The doctor or physician has no direct treatment history with the patient

Additionally, on 1st July 2019, the law mandated the MBC on its public website to list in direct view the following:

  • The probation imposed due to a negotiated settlement, reasons for the alleged accusation, a description of the complaints for which a licensee has accepted guilt, and a written statement declaring acceptance of a stipulated settlement are not admissions of guilt.
  • Listing in the final probationary order the board’s adjudicated decision and the reasons for the probation.
  • The medical practitioner granted a probationary license, including reasons for their probation, its duration and completion date, and the practice restrictions imposed.

Find Qualified Legal Help Near Me

A sexual harassment claim against you as a medical practitioner is a complicated case that involves the intersection of medical misconduct, licensure and credentialing challenges, criminal law, and significant personal and professional consequences. Empower Sexual Harassment Attorneys has experience navigating all these facets of nuanced and complex cases in San Diego. We can represent you throughout the legal process and take a proactive approach to protect your future, livelihood, career, and life. Please call us at 619-604-3027 to learn how we can help you.