Only the victims of doctor sexual harassment understand the betrayal and deep pain it can cause. For most victims, the harm is not only physical; it is mental, emotional, and deeply personal. Doctors are people sworn not to harm patients at any time. If a doctor, including psychiatrists and psychologists, violates that sacred trust, it can cause significant damage. The law permits patients to seek compensation for their loss, pain, and suffering if they experience this form of abuse.

If you are a victim of sexual harassment, our sexual harassment attorneys at the Empower Sexual Harassment Attorneys can guide you through your legal options and walk with you as you pursue justice in San Diego.

Sexual Harassment By Doctors/Psychiatrists/Psychologists

Any sex offense committed against a patient during a medical test, physical exam, or treatment can be regarded as doctor sexual harassment. Healthcare providers can include the following:

  • Physical therapists
  • Chiropractors
  • Dentists
  • Nurses
  • Dermatologists
  • Emergency medical technicians
  • Cardiologists
  • Gynecologists
  • Physicians, and
  • Any other health care practitioner or a hospital staff member

Sexual misconduct by healthcare providers is common in California. Many patients have experienced some form of inappropriate sexual behavior from medical professionals. Most of these cases do not fall into the category of criminal sexual abuse. However, several cases involve abuse of power by those entrusted with the care of patients.

For victims, taking legal action is the best way toward accountability, closure, and preventing further harm to other patients. Healthcare providers are among the most trusted people in society. Sadly, there is a link between positions of trust and abuse of this trust when it comes to sex offenses. This can lead to doctors, psychiatrists, psychologists, and other healthcare providers assaulting and abusing their patients. Sexual assault means touching the private parts of a patient against their will. It can also be executed when a patient is restrained for sexual gratification, arousal, or abuse. This offense is a form of medical malpractice in which a doctor violates the law and the physician’s Code of Ethics.

Some of the forms of sexual harassment that a doctor can commit include:

  • Comments with sexual connotations, including those that are sexual or racist in nature
  • Taking medically unnecessary photographs of your genitalia
  • Medically unnecessary touching or inappropriate physical contact
  • Failing to provide you with a gown after asking you to take off all your clothing
  • Filing short prescriptions requires you  to go back for additional, medically unnecessary assessments or appointments
  • A false diagnosis that demands unnecessary visits

Sexual exploitation is any sexual contact between a doctor and the patient under any circumstances and can include sexual intercourse, sodomy, or oral copulation. Sexual misconduct refers to unlawful, unethical, and unprofessional behavior that can include:

  • Kissing 
  • Spanking
  • Fonding
  • Verbal suggestions
  • Advances, and
  • Innuendoes  

Special treatment can also be a warning sign of sexual harassment. Some of the potential special treatments include:

  • Inviting you to any social activities or on dates
  • Altering the office’s business practices to accommodate late appointments when other workers have left, or offering you sessions away from the office
  • The doctor declaring intimate feelings to you
  • The doctor giving you significant gifts
  • The doctor confides in you regarding work issues, love life, and other personal information.
  • The doctor is relying on you for personal or emotional support

The Impact Of Sexual Harassment On Victims

The impact of a doctor’s sexual harassment goes beyond the incident itself. Victims often experience severe physical, psychological, and emotional consequences that can last for years. These effects include:

Career And Pursuits

The emotional burden of dealing with sexual harassment can affect work, education, and personal goals, leading to career and financial setbacks.

Interpersonal Struggles

The breach of trust can lead to challenges in developing or maintaining personal and professional relationships. Most victims often struggle to trust doctors or authority figures in general.

Physical Repercussions

For some victims, physical harm can happen during abuse, affecting their health and well-being.

Psychological Harm

Feelings of guilt, shame, depression, and anxiety are common among victims. Most victims also experience post-traumatic stress disorder (PTSD), such as nightmares, flashbacks, or difficulty trusting others.

Civil cases often depend on collecting witness testimonies and preserving evidence promptly. You should consult a skilled attorney immediately if you believe you have a claim against a healthcare provider. An attorney can help protect your rights.

Doctor Sexual Harassment And The Importance Of Touch In Healing Professions

In most clinical environments, touch is vital because it is a tool used to identify symptoms, diagnose diseases, and explain therapies to patients. Doctors often spend much time on procedural touch during their medical education. This is done to address the challenges presented by navigating physical assessments without violating professional ethics. If social and procedural touch are combined in the assessment room, it can pose some risks that range from misunderstanding to unlawful touch or harm. Some doctors can apply force to assert their wishes on their patients.

Touch is powerful, and if administered by a trusted and respected doctor, it can trigger admiration and attraction. However, a doctor should not encourage or accept these normal reactions or act sexually upon them. There are no laws that permit a sexual relationship between a doctor and a patient. If an intimate relationship develops, a doctor should terminate the professional relationship. This alone cannot be sufficient to stop unethical behavior claims and lawsuits. No form of professional therapy will ever include sex. You should file a sexual harassment case if you feel your doctor has violated your trust by touching you inappropriately. 

Individuals Who Can File A Sexual Harassment Lawsuit Against A Doctor

Filing a sexual harassment case against a doctor can result in financial compensation and justice for the victim and their family members. Taking this step can also reveal sex offenses being committed by doctors in the community, protecting other patients from sexual harassment.

The following are some of the individuals who can file a sexual harassment case against a doctor:

  • Witnesses of emotional distress
  • The victim’s spouse for loss of consortium
  • The victim’s family members
  • A child’s parent or legal guardian, and
  • A sexual abuse victim

Financial liability for sexual harassment can go directly to the doctor who committed the offense if he/she was working as an independent practitioner at the time of the incident. You can hold a medical facility liable if the perpetrator was an employee of the health care center or school.

The Steps You Should Take If Sexually Abused By A Doctor

Share with someone immediately if a doctor sexually harasses you. Coming forward can be challenging, but it is important to protect yourself and other patients by speaking out. Contact a doctor or a sexual harassment attorney regarding a possible civil lawsuit.

Seek the services of a trained professional, such as a therapist. He/she will help you cope with what happened healthily. Taking action against your doctor can be challenging emotionally, but you should not face this process alone. The crucial steps you should take to protect your rights and make your case strong include:

Document The Incident

Document what happened immediately, including dates, locations, and any communications with the healthcare provider or their office. Secure any text messages, emails, or medical records that can corroborate your account.

Report The Harassment

Report the sexual harassment to the relevant authorities and file a lawsuit with the Medical Board of California. Filing a criminal case is not required to seek a civil claim, but it can help trigger investigations, strengthening your case. Additionally, filing a complaint with the Medical Board can result in the revocation of the doctor’s license. This can help protect other patients from being sexually abused.

Pursue Counseling And Support

Recovering from sexual harassment is a personal and continuous process. Support groups and counseling services can provide you with mechanisms to deal with emotional issues and build resilience as you move forward.

Consult A Skilled Sexual Harassment Attorney

A skilled attorney will evaluate your case, offer legal options, and help you file a civil case against your doctor. An attorney can also help you pursue compensation for lost income, medical costs, pain and suffering, and other damages.

Your attorney must prove that what you are claiming is true. The attorney can do this through a preponderance of evidence. The evidence can be in the form of statements from witnesses present when the incident happened. Other evidence sources can include:

  • Your medical records or letters from a therapist
  • The police report if you reported the incident to the law enforcement

You should also pursue urgent professional help if you are a victim of sexual harassment by a doctor. The other places you can turn to obtain help include:

Licensing Boards

The Department of Consumer Affairs can help you know your rights and guide you through filing your sexual harassment case.

Crisis Centers For Sexual Assault

An expert can offer you information about the appropriate conduct to expect from doctors and secure crisis services. He/she can also help you know your rights regarding reporting the harassment.

Professional Associations

Each medical and mental health expert belongs to at least one professional association that can help you know your rights in reporting unlawful conduct. They can also refer you to another doctor, psychologist, or psychotherapist. 

You should report a doctor’s sexual harassment immediately because strict time limits apply. This can be done through any of the following options:

  • Civil action lawsuit with your sexual harassment attorney
  • Criminal action filing with local law enforcement
  • Administrative action filing with the right professional licensing board
  • Professional Association Action filed with the ethics committee that oversees the professional association to which doctors, psychologists, or psychotherapists belong.

An attorney specializing in sexual harassment and having skills in medical malpractice can assist you in seeking justice and pursuing financial damages. The liable health facilities should be aware that they hired a sexual predator. Some health facilities fail to conduct enough background checks before hiring doctors or therapists.

Sometimes, a health facility can be aware of the red flags that their healthcare provider is a sex predator, but ignore the signs and keep the dangerous doctor on the job. Insufficient supervision provides good chances for the doctor to sexually harass patients. If this happens, the health facility could be held responsible for the harm the doctor caused to the patient.

Cases of doctor sexual harassment are often sensitive. In-depth investigation and witness corroboration are required. A good sexual harassment attorney with experience in filing civil sexual assault cases against doctors can help you pursue justice and monetary compensation. An attorney can also help you address the devastating long-term impact of sexual harassment and protect your legal rights.

Statute Of Limitations For A Doctor’s Sexual Harassment Lawsuit

The law in California establishes certain time limits for filing a civil lawsuit if a doctor has sexually harassed you. The statute of limitations for adults is:

  • Within three years of discovering the abuse, such as identifying the misconduct or psychological harm.
  • Within ten years of the last incident of harassment

You will be given a longer period to file a claim if you were a child below 18 years at the time the sexual harassment happened. It is often before you reach 40 years. However, this law was changed. There is no statute of limitations for filing a civil lawsuit if the harassment happened on or after January 1, 2024, if you were a child then.

You will have legal options whether you were a child or an adult at the time of the abuse, even if years have passed since the harassment. This extended period can make a significant difference if you uncover repressed memories or later link mental health struggles to sexual harassment.

The New Law

Like schools, health care facilities are places designed to feel safe. Doctors are trusted with the private aspects of patients. When this trust and safety is violated, the consequences for this crime must be justly and swiftly addressed. Sadly, California has had several doctors who have engaged in illegal and immoral acts using their positions over patients. Disciplinary action for these crimes has been slow, and justice has been denied. However, a new law was enacted to change this. A doctor is barred from practicing medicine once sexual harassment against any of his/her patients is discovered. The professional license can be revoked and might never be reinstated if a doctor betrays the trust and safety of the patients in their care. Filing a sexual harassment case against a doctor who caused you harm is the best way to pursue the compensation you deserve.

The Physicians’ and Surgeons’ certificate AB 1636 law was enacted recently. This law changed past laws, such as the Medical Practice Act. Under this law, the doctor could be denied a license because of the following reasons:

  • If the doctor were ever convicted of sexual harassment misconduct
  • If the doctor were ever accused of relations with a patient or sexual exploitation
  • The doctor committed an offense related to the qualifications
  • If the doctor has ever been accused of a crime relating to functions or duties of the business or profession for which the application is made

In the past, a doctor would only be denied a license if he/she had been convicted of an offense or subject to formal punishment in the last seven years. According to the new law, the board can deny a doctor a professional license based on formal discipline that happened within seven years preceding the date of application. This can happen if the formal punishment was based on behavior that would be considered an act of:

  • Sexual harassment
  • Misconduct, or
  • Relations with a patient or sexual exploitation

The new statute also removes the section of existing laws that permits doctors to pursue reinstatement only five years after the effective date of the revocation. It also removes the three years after successful discharge from probation, parole, or both probation and parole. These laws do not apply now. 

The Damages You Recover From A Sexual Harassment Lawsuit Against A Doctor

You can recover compensatory damages when you file a sexual harassment case against your doctor. Civil cases filed against abusive doctors are often easier to win than criminal cases. You can win a civil case easily if the doctor has been convicted of sexual harassment in a criminal case.

In a criminal case, the prosecutor must prove beyond a reasonable doubt that the doctor committed sexual harassment. On the other hand, in a civil case, the prosecutor only needs to prove that the doctor is more likely guilty than not. You can recover the following damages if you win the civil case:

Lost Wages

Lost wages are the money you could not earn because of the harm the doctor caused you. This includes the wages you would have earned had you not been injured. They can also cover the following, depending on your employment situation:

  • Lost benefits, like perks connected to your work, or missed retirement contributions
  • Past bonuses or bonuses you would have earned if not injured
  • Overtime hours or overtime pay you regularly received but missed
  • Paid time off, like sick days during recovery or vacation days

The above losses are recoverable through a lost wages claim, whether you are an hourly worker, a member of salaried employees, or part of the growing number of self-employed people.

Proving lost income is vital for fair recovery. Medical records and bills will show your medical expenses, but your inability to work shows the long-term financial loss caused by the doctor. The total lost and future income can be more than your medical costs.

Loss Of Enjoyment Of Life

You can be awarded loss of enjoyment of life damages if you suffer injuries after the doctor’s sexual harassment. The injuries can affect your ability to carry out tasks you enjoyed before the injuries. This claim can compensate you for the emotional and physical toll injuries take on you.

It is hard to quantify the loss of enjoyment of life damages, but the injuries you suffer can affect you as much as more tangible losses. Your attorney can hire an economist to evaluate the value of your loss of enjoyment of life.

Medical Expenses

The most significant aspect of your injury claim will be your medical special damage if a doctor’s sexual harassment has injured you. This will be the money you will spend on medical bills associated with diagnosing and treating your injuries. These expenses, with other economic and non-economic damages, are important in establishing your total compensation. However, how you pursue medication and document your medical costs will significantly influence the final value of your settlement.

Approaching your medical treatment carefully will ensure you receive the compensation you deserve. You should follow the right procedure for post-doctoral sexual harassment.

Pain And Suffering

When filing a doctor’s sexual harassment lawsuit, you can pursue damages for pain and suffering you have endured as a result of the injury you have sustained. “Pain and suffering” refers to the physical pain or emotional distress suffered because of the doctor’s sexual harassment incident. Emotional distress can include depression, irritability, insomnia, fear, and anxiety.

Pain and suffering fall in the general damages category. The court can award you, in addition to the special damages that include damages for the actual monetary losses incurred, like the cost of therapy, lost wages, and medical bills. 

Pain and suffering damages are estimated by reviewing your symptoms because there is no way to put an exact price on pain and suffering. Calculating the amount can be challenging, but your attorney can help you make informed guesses.

Find a Dependable Sexual Harassment Attorney Near Me

Medical professionals, including doctors, psychiatrists, and psychologists, can take advantage of patients due to their impaired state, injuries, and vulnerability and commit sexual harassment against them. Medical experts have a duty of care to protect their patients from harm. If a medical professional commits sexual harassment against a patient, the expert or the facility they work for could be liable for the damages that result.

At the Empower Sexual Harassment Attorneys, we have competent attorneys who are committed to protecting victims of sexual harassment by doctors, psychologists, and psychiatrists. We can help you expose and hold the sexual harassment perpetrator responsible in San Diego. Contact us today at 619-604-3027 to schedule an appointment with one of our attorneys.