Dentist

Sexual harassment is becoming very popular, especially from trusted persons, like dentists. It can result in confusion and self-doubt, especially if the perpetrator is someone you hold in high regard. Sometimes, you could wonder whether you have misinterpreted the dentist’s intent or actions and if anyone will even take you seriously if you report it. The good thing is that you can file a complaint against your dentist for sexual harassment with the help of a skilled San Diego sexual harassment attorney.

At Empower Sexual Harassment Attorneys, we understand how confusing it can be to determine whether or not you are a real victim of sexual harassment. We can review your case for guidance and support in fighting for justice and pursuing the compensation you deserve. We will also protect your rights and interests and work alongside you until you are happy with your case’s final verdict.

What Constitutes Sexual Harassment by a Dentist

Dentists play a critical role in people’s lives by ensuring their oral health is good for excellent general health. A dentist will examine your teeth, diagnose you for oral and dental issues, and offer treatment and home-care tips for beautiful, strong, and functional teeth. They offer a wide range of dental services to boost your smile and confidence, including preventive, curative, and cosmetic dental services. However, some dentists take advantage of their position of power to harass unsuspecting clients sexually. It could be through physical touch, sexual behavior, or sexual remarks. Working closely with a skilled sexual harassment attorney helps you determine whether you are a victim of sexual harassment and the actions you can take against the perpetrator.

Harassment is any unwelcome physical touch, spoken word, or written message that intimidates or makes your working environment hostile. The most common form of sexual harassment is quid pro quo, which occurs when you feel compelled to comply with an influential person’s sexual demands. This can happen in a dentist’s office if your dentist does or says something you are forced to play along with because they seem more influential, or you are in a vulnerable place. In most cases, you could feel compelled to comply to avoid an adverse decision or influence a favorable benefit from your dentist.

Employers are legally mandated to prevent sexual harassment in their workplaces. They must educate their workers about sexual harassment, possible consequences, and implications. Additionally, they must take practical measures to protect their workers and clients against sexual harassment. If a report is made against one of their workers, an employer must take action against the alleged perpetrator to protect the rights and interests of the victim. They should also support you if you decide to take action against the perpetrator.

Dentists who sexually harass their patients should be reported immediately to stop the behavior and protect the rights of patients before severe consequences of the harassment, like stress and depression, are felt. However, victims should be able to identify sexual harassment to protect themselves or take action against the perpetrator. Remember that sexual harassment can take different forms, including an unwanted physical touch, suggestions, invitations, or verbal comments by a dentist, dental assistant, dental hygienist, or any other worker in a dentist’s office. Any behavior that does not sit right with you should compel you to seek the advice of a sexual harassment attorney to understand whether you have a solid case against the perpetrator.

When reporting sexual harassment against your dentist, you should be able to prove the following elements:

• That their behavior was unwelcome, or it made you feel uneasy
• The behavior was repetitive or ongoing, and not something that happened only once
• The behavior was extreme or severe. It could have started with a few comments, but escalated into an unwelcome touch, or explicit suggestions or remarks.

Liability for Sexual Harassment in a Dentist’s Office

Employers are responsible for what happens in their workplace, including affecting their clients. Thus, a dental practice is, in most cases, liable for the sexual harassment you suffer in a dentist’s office. This is true even if the business owner is unaware of the incident. The law mandates employers to teach about and take action regarding any harassment or discrimination that happens in their workplace. The business owner should have trained their employees long before the harassment to handle clients professionally. They should have also taught them about the dangers of a sexual harassment claim and how much it could affect their business and individual reputation.

Thus, you should report any case of sexual harassment to the business owner if an employee in a dentist’s office sexually harasses you. Allow the dentist to take action to protect you and compensate you for the damages incurred. If the dentist fails to take action against the perpetrator, or if they are the perpetrator of sexual harassment, you can take legal action against them. A business owner cannot cite a lack of knowledge about harassment if they did not implement measures to prevent sexual harassment in their workplace.

Here are the circumstances under which a business owner is liable for the sexual harassment you suffer in a dentist’s office:

• If sexual harassment is a common occurrence in their workplace, and other clients or employees are aware of it
• If someone in a senior position, like the business owner or supervisor, is the perpetrator of sexual harassment
• If the senior management is aware of the harassment but fails to take action to stop it or protect clients
• If you complain about the harassment to a supervisor or senior manager, but they fail to improve the situation or take action to protect you.

In situations like these, the business owner or someone in a senior position in the dental office holds the position of authority. This means they owe you a duty of care to protect you from sexual harassment. If they fail to do that, they are responsible for your damages. Employers, senior managers, and supervisors are responsible for recruiting professional dentists, dental assistants, dental hygienists, and other employees. They are also responsible for ensuring that all workers are trained in safe workplace practices, including sexual harassment. They must take immediate action against suspected perpetrators of sexual harassment to protect clients and stop the vice.

Thus, someone who holds a senior position in the business cannot claim ignorance of your sexual harassment claims. If the matter goes to court, the employer will be liable for your damages. This can affect their business in many ways, including license suspension and a damaged reputation. Reporting cases of sexual harassment also protects other dental patients, especially those who cannot stand up for themselves, including children, the elderly, and patients with physical or mental conditions.

Sexual Harassment Protection Under Civil Code 51.9

The Civil Code 51.9 protects victims of sexual harassment in professional relationships, for example, between a dentist and their patient. This is the law against which you can sue your dentist for sexual harassment that happens in the dental office, even by someone other than the dentist. However, you must prove the professional relationship between you and the dentist for the claim to be valid. You also must prove the sexual harassment behavior, and the fact that it happened over a particular period.

Fortunately, you can legally file for compensation for all damages incurred due to sexual harassment in a professional relationship. A skilled sexual harassment attorney can help you determine the validity of your case, gather evidence, and file a solid claim against your dentist for damages and attorney fees. Here are some of the requirements you must fulfil when filing a claim under Civil Code 51.9:

• If you are or were in an established professional relationship with the perpetrator or the person liable for your sexual harassment, there should be proof that the relationship was ongoing.
• The perpetrator engaged in unwelcome sexual behavior towards you. Remember that this can be in the form of physical touching, verbal, or written words. For example, it could be that they made sexual advances, demands, or requests towards you. The sexual conduct must be hostile in nature or based on your gender.
• There should also be proof that the perpetrator’s conduct was pervasive or severe. An isolated case of sexual harassment is not sufficient to file a sexual harassment lawsuit against your dentist under this law. You should be able to establish a pattern or demonstrate that the harassment was extremely severe or frequent.
• The fact that you could not terminate the professional relationship at any time during the period of harassment is critical in supporting your claim. You could be afraid of dire consequences if you terminated the relationship.

This statute protects dental patients from sexual harassment by unprofessional dentists or employees. You can recover compensatory damages for your financial losses, punitive damages in case of gross negligence, and attorney fees.

Compensatory Damages

You can include economic and non-economic damages in your claim against your dentist for sexual harassment.

Economic damages include damages in which there is a direct financial loss. Examples, in this case, include the following:

• Medical costs for the past, current, and future medical treatments. If you had to seek treatment due to sexual harassment for any physical injury, or illness, like stress-related migraine, you should include that in your claim
• Therapy costs for any counseling and support you need or have needed to get over the sexual harassment.
• The loss of wages and earning capacity caused by the harassment affected you so much that you could not work for a few days or weeks or perform well in your current employment.

Non-economic damages include other damages that do not involve a direct loss of money. You can include the following in your claim:

• Emotional distress, depression, anxiety, humiliation, sleep disorder, or post-traumatic stress disorder
• Pain and suffering, for the emotional and physical pain you endured due to sexual harassment
• Loss of enjoyment in life due to the harassment’s impact on your ability to enjoy relationships, fun activities, and hobbies
• Reputation harm if standing up for yourself, or reporting the sexual harassment, affects your personal or professional reputation in your community or the industry within which you work.

Punitive Damages

The court can grant punitive damages if there is gross or criminal negligence in your case. An aggressive sexual harassment attorney can convince the court that the dentist was grossly negligent in failing to protect you against sexual harassment. Courts grant punitive damages to punish the negligent party and warn other professionals against similar conduct.

Reasons Why Sexual Harassment Cases Against Dentists Are Uncommon

Sexual misconduct in workplaces and professional spaces is rampant. However, only a few cases are reported every year. Cases of sexual harassment by dentists and their employers are also many, but only a few victims pursue the matter in court. Some of the reasons why this is so include the following:

The Fear of Retaliation

Sexual harassment in professional relationships is very tricky because professionals are always held in high regard. For example, it can be difficult for a dental patient to actually believe that their dentist, or someone working in their regular dental office, is sexually harassing them. In most cases, you will question whether you are overthinking or mistaken.

Additionally, there is usually the fear that the professional will take action against you if you report, which can harm you. For example, if you have a severe dental problem, you could be afraid that you will not continue receiving treatment and care in the same dental office, or the dentist will not refer you to another specialist for further treatment.

Unclear Pathways for Reporting Sexual Misconduct

Dental patients may not know how to protect themselves from sexual harassment or how to report a professional for sexual misconduct. Not many people know where to start when reporting sexual harassment, especially if there is minimal or zero evidence. However, a sexual harassment attorney can guide you through all processes, including gathering evidence and documents to support your claim.

Lack of Confidence in Help for Sexual Harassment Victims

Victims of sex crimes or sexual harassment are always afraid that they will not find justice or the compensation they deserve from reporting perpetrators. This can affect your willingness to come forward, even after weeks, months, or years of harassment, and even in the presence of credible evidence. The fear of not knowing the possible outcome of a situation can be a great hindrance in reporting sexual harassment.

Fortunately, working with a skilled sexual harassment attorney can improve your chances of obtaining a favorable outcome. They will use their best strategies and represent your interests in court for a fair ruling.

Steps to Take in Reporting Sexual Harassment by a Dentist

If you are a victim of sexual harassment by a dentist, it helps to know that you can report the perpetrator and pursue compensation for your damages. However, you should familiarize yourself with the reporting channels so you will see the action to take, depending on the kind of sexual harassment you face and the perpetrator.

Raise the Matter with the Employer

Some cases of sexual harassment are perpetrated by people who work in a dentist’s office. These can be the dental hygienist, oral surgeon, dental assistant, or any other worker. If the perpetrator is not the business owner, report the matter to the owner. Remember that business owners are liable for all damages incurred by a sexual harassment victim in their business. The business owner should have taken measures to protect you and other patients against harassment. Naturally, they should take action against the perpetrator, including terminating them from work, and compensating you for your damages.

However, if this does not happen, you can file a claim against the business owner. A judge can grant your damages even if the business owner or your dentist is not the perpetrator, but someone who works for or under them.

File a Case with a Regulatory Body

If your dentist is the perpetrator of sexual harassment, you can file a claim against them with the Dental Board of California. In addition to issuing licenses to professional dentists, this regulatory body ensures that licensed dentists handle their patients professionally and safely. The Dental Board enforces safe dental practices and will investigate claims and take disciplinary actions against licensed professionals who face allegations of professional misconduct.

Thus, you should contact the board immediately after establishing a pattern of sexual harassment by your dentist. The board will conduct an independent investigation, gather evidence, and take action against the dentist, depending on the severity of the claim. Some of the disciplinary actions it can take include issuing a public citation, a reprimand letter, or suspending or revoking their license.

Talk to a Competent Sexual Harassment Attorney

If this is the first time you are facing sexual harassment, you could be confused about whether the dentist’s actions are actually sexual harassment or if you are mistaken. Additionally, you may not know what to do or where to report the matter if you want to pursue justice or compensation for your damages. The right person to talk to is a skilled sexual harassment attorney. An experienced attorney will review your case to determine its validity and help you through all legal processes to report it and file for compensation. They will also advise you on your rights and options, and represent your interests in court.

Attorneys specializing in sexual harassment cases are the right ones to consider when hiring. They know the laws to review in determining the validity and strength of your case. They will also guide you in determining your damages, which you must include in your claim.

Gather Evidence

Regulatory bodies and civil courts rely on evidence to determine sexual harassment claims. Citing that your dentist sexually harassed you is not enough to get you the compensation you deserve for your damages. You must gather as much evidence as possible to support your claims. You can do this with the help of an attorney.

You could start by documenting everything you experience with the dentist. Describe the kind of action they took, whether physical contact, verbal, or written words. Describe how it made you feel and what you had to endure. You must also document the frequency of the harassment and how much it escalated over time. This will prove a pattern of harassment and its severity and impact on your life.

When documenting the harassment incidents, include the place where they occurred, the date, the time, how they happened, and if there were witnesses.

Find Support

Sexual harassment in a healthcare setting can be very stressful. Some people become depressed as they navigate through the situation. The emotional damage can affect various aspects of your life, including your family and career. Before the impact is severe, consider seeking the support of a counselor or therapist. They will help you deal with the emotional damage, including stress, depression, anxiety, and post-traumatic stress, so you can move past the incidents and fight for the compensation you deserve.

Therapy will help you move past the trauma, reducing your risk of developing post-traumatic stress disorder. You can also take back your power so you can confidently seek dental services and other healthcare services without fear of sexual harassment.

Find an Experienced Sexual Harassment Attorney Near Me

If you or someone you know has been sexually harassed while seeking dental services in San Diego, you can fight for justice and compensation. In addition to filing criminal charges against your abuser, you can seek compensation from your dentist for all damages incurred. A competent sexual harassment attorney can help you determine your eligibility for compensation by reviewing your case.

We can also help you through all complex legal processes as you pursue compensation for your damages at Empower Sexual Harassment Attorneys. We understand how difficult reporting sexual harassment is, especially in a professional relationship. Our highly trained and experienced attorneys will advise you on your options, defend your rights, and help you gather evidence to file a solid claim in court. Call us at 619-604-3027 to understand your situation and our services better.