Sexual Assault by a Doctor or Medical Professional

Have you or someone you love been sexually assaulted while under the care of a doctor or medical professional?

When a doctor abuses their position of trust to commit an act of indecency or sexual assault, you have every right to hold them accountable both criminally and civilly.

We place a lot of trust in doctors and other medical professionals and expect that they will abide by the code of ethics as laid out by the American Medical Association. Unfortunately, sexual predators exist in every industry, and some unscrupulous doctors prey on victims while at their most-vulnerable.

Sexual abuse and assault can happen to anyone, and at any age. When a patient is victimized, they often feel ashamed and are hesitant to report the abuse because they’re scared, they think they won’t be believed, or that that it’ll be covered up and they have no “proof” the abuse actually occurred.

If you’ve been sexually assaulted by your doctor, it’s important to understand that you have help available to you. It’s not your job to collect evidence and prove your claims, but it’s vital that you report the incident to the authorities (and the Texas Medical Board) as soon as possible.

Criminal charges vs. your right to file a civil lawsuit.

Sexual assault is clearly a very serious criminal charge. Doctors who commit this heinous act may face imprisonment, the withdrawal of their medical license, as well as be required to register as a sex offender.

This egregious act can leave lasting physical and emotional scars that must be treated as a matter of urgency. Acting quickly is important not only to mitigate the psychological effects of this traumatic event, but also due to the potential risk of being exposed to sexually-transmitted diseases.

The police will take your report and investigate your claims, but it is ultimately up to the district attorney whether or not the accused will face criminal charges. At the same time, you have every right to pursue a civil claim against the doctor regardless of the criminal investigation.

Through a civil claim (or lawsuit) you can seek monetary compensation for your related damages, including: pain and suffering, the intentional infliction of emotional distress (IIED), the cost of counseling and/or therapy, and possibly even punitive damages.

Do not be intimidated.

Doctors who engage in sexual abuse may use coercion, threats, refusal of service, the promise of free services, intimidation, or deception in order to silence a victim.

It’s important that you stay strong and speak up. Not only for you, but also to ensure that other patients do not suffer the same type of abuse in the future. Sexual abusers are seldom first-time offenders, and sexual assault is often a reflection of behavior that harks back years (if not decades).

The importance of acting quickly.

While you may technically have a two-year statute of limitations before you’re legally barred from pursuing your claim, it’s important to discuss your case with an attorney as soon as possible. Every day that passes makes it more-difficult to uncover important evidence and prove your case.

Sexual abuse cases involving doctors usually fall under the category of “intentional conduct” rather than negligence. Because most medical malpractice insurance policies specifically exclude liability for an intentional act, these types of claims can be quite complex.

To have the best chance at winning your case, you need an attorney in Dallas who’s familiar with the ins and outs of the law as it pertains to doctor-patient sexual abuse.