Survivor Advocacy and Your Legal Options

When you see a doctor, you trust that they are looking out for your health and welfare. Physicians and other medical professionals hold positions of power, and they are legally and ethically required to prioritize their patients’ best interest. 

Some doctors, however, break that trust. They use their positions of authority to violate boundaries and sexually abuse their patients. Sexual abuse and assault in medical situations is a violation of the law, medical ethics, and the public’s faith in the medical system. 

The barriers to coming forward about abuse by a trusted figure can feel overwhelming, and the complex reporting and legal process even more so. At Wallace Miller, our Survivor Advocacy team provides compassionate, unwavering legal services and support for people who have suffered sexual abuse from their physician, therapist, or other medical provider. We help survivors assess their options in the civil litigation system and beyond and stand by them in whatever path they choose. 

If you or someone you know has suffered sexual abuse from their doctor, reach out to our Survivor Advocacy team. Consultations are always free and completely confidential, and your case will be handled by a member of our professional staff trained in trauma-informed legal services. We can be reached at 331-425-8022 or via the case evaluation on our website. 

If you need immediate resources, the National Sexual Assault Hotline provides confidential support 24 hours a day, seven days a week. They can be reached online at online.rainn.org and by phone at 1-800-656-4673. 

 

What is physician sexual abuse?

Physician sexual abuse encompasses a spectrum of behavior that exploits the relationship between the physician and the patient in a sexual way. This includes any sexual conduct between physicians and patients and any type of sexual abuse committed by a medical professional during an exam, test, or treatment or in another medical setting. 

When providing medical care, the patient’s welfare must be the physician’s primary consideration. Sexual abuse in medical settings is an abuse of power and of the patient’s position of vulnerability. Organizations including the American Medical Association (AMA), the American Academy of Orthopaedic Surgeons (AAOS), the Federation of State Medical Boards (FSMB), and state medical licensing boards have strict guidelines on acceptable behavior and consequences for doctors who abuse their patients. 

Medical sexual abuse is more common than most people realize. Exact data is difficult to come by, as reports from patients, doctors, and state boards likely underrepresent the occurrence of sexual assault in medical settings. However, studies from the American Medical Association have estimated that between 5 and 10 percent of all physicians have had sexual contact with their patients. 

This guide from RAINN explains what you can expect in a doctor’s exam and what behavior is and isn’t okay from your physician. It also outlines the rights a patient has in a doctor’s office, including requesting someone else in the room, receiving information in a language you speak, and ending the appointment at any time. 

Types of medical sexual abuse

Any sexual contact between physicians and patients is medical sexual abuse. The Federation of State Medical Boards (FSMB) categorizes doctor sexual abuse as: 

• Sexual impropriety. This includes language, behavior, gestures, or expressions that are sexually suggestive, disrespectful to the patient and their privacy, sexually demeaning, or otherwise inappropriate. This also covers expressions that the patient could reasonably construe as sexual. 

• Sexual violation. This covers physical sexual contact between a physician and their patient, including touching sexualized body parts beyond what would be appropriate for examinations or treatments, masturbation, and any kind of sexual intercourse. 

These behaviors also qualify as sexual assault, defined as sexual activity or contact without consent. Consent may refer to someone’s agreement to sexual acts, or to legal consent–for example, minors and people who are unconscious cannot provide consent. 

What qualifies as sexual assault?

Many people have a set idea of what sexual assault and abuse looks like. However, this abuse can occur in many different ways. Medical sexual abuse may be physical, verbal, or both. It can occur in person or online, as well as by mail, by phone, through texting, or by other means. The abuse may also escalate in severity, beginning with behaviors that aren’t necessarily misconduct but are intended to gain a patient’s trust. This behavior, called grooming, may make the patient more vulnerable to later abuse. 

In terms of medical abuse, it doesn’t matter if the sexual contact was initiated by the patient–it is still an abuse of power, and it is the physician’s responsibility to prevent it. Medical boards, licensing organizations, and other regulators prohibit relationships between physicians and patients as unethical and hold the physician responsible for legal consequences. 

Sometimes, physicians and patients may have an apparently consensual sexual relationship. Regardless of the appearance of patient consent, this is not appropriate and is banned by medical regulatory organizations. Sexual behavior by a doctor is never diagnostic and/or therapeutic and preventing sexual misconduct is always the responsibility of the physician. 

Examples of sexual abuse 

Sexual abuse by a physician can take many forms. These include: 

• Inappropriate touching 

• Inappropriate jokes 

• Unwelcome sexual remarks or questions 

• Refusing to respect patient privacy 

• Making sexual advances or offers 

• Taking advantage of an unconscious patient 

• Conducting unnecessary examinations or procedures that involve sexual touching 

• Taking pictures of the patient with a personal device 

• Masturbation in the presence of the patient 

• Rape 

While data on doctor sexual abuse is difficult to come by, most violations reported to medical boards involve male physicians and female patients. However, abuse can come from physicians of any gender and anyone can be a victim of physician sexual abuse. 

Many survivors feel shame and guilt about sexual abuse by their physician and may look for reasons to explain or negate their abuse. Regardless of circumstances, gender, age, race, or any other factor, sexual abuse is never okay, and it is never the patient’s fault. 

Consequences for doctor sexual assault in the medical system

Organizations including hospitals and medical boards have an obligation to investigate and punish doctor sexual misconduct. The American Medical Association requires these organizations to report abuse, and anyone–including patients, other doctors, and administrators–can report sexual abuse to state licensing and disciplinary boards. According to these rules, if a physician is found to have committed sexual abuse, they will lose their license to practice. If the case goes to criminal or civil court, they may face jail time or be required to compensate the patient for their damages. 

However, some organizations ignore or cover up abuse by physicians. The Federation of State Medical Boards (FSMB) has found that many hospitals and health care organizations ignore or avoid the reporting requirements of their medical boards. Even when it is reported, medical boards don’t always act on complaints of abuse–a 2006 study found that 2/3 of sexual abuse reports were closed due to inadequate evidence or resolved informally. In fact, only 1.5 percent of total complaints ever received a hearing. 

Even in the rare cases where a physician is charged with sexual misconduct, they usually don’t face long-term consequences. A 2016 investigation of thousands of physicians who had been disciplined for sex-related offenses found that medical boards didn’t discipline 70 percent of physicians who had been sanctioned or had malpractice payments made on their behalf.  

And physicians are often permitted to resume practice even when they have been disciplined by medical boards for sexual abuse. Of the physicians in the investigation, more than half were still licensed to practice. 

Many doctors, research groups, and public organizations have called for an end to physician sexual abuse. But incidences of abuse continue. Wallace Miller’s Survivor Advocacy team was founded to help survivors hold the people who harmed them–and the organizations that enabled them–accountable. We use the civil litigation system to bring doctors, health care providers, hospitals, and others responsible for abuse to justice. For a free and confidential discussion of your potential case, call our office at 331-425-8022 or fill out our case evaluation online. 

The impact of abuse by a health care professional on survivors

Sexual abuse by a medical professional is traumatic and can have long-term effects on the functioning and well-being of survivors. Survivors often find it difficult to seek help, and if the abuser is a doctor, the individual may face additional barriers to speaking with and trusting doctors. For many people, abuse interrupts their lives and makes it difficult to continue to pursue their career or enjoy life. 

The effects of trauma can include: 

• Physical harm from the assault 

• Memory issues 

• Feelings of guilt and shame 

• Anxiety 

• Depression 

• Substance abuse 

• Self-harm 

• Post-traumatic stress disorder 

Many patients do not report their abuse due to feelings of shame, guilt, or disbelief. They may blame themselves, fear that their word will not be trusted against the physician’s, or worry about the social stigma of assault. The medical reporting system can also be complicated, and many people don’t know how to navigate it. Investigation and legal procedures can often be further traumatizing. 

Your options for a physician abuse lawsuit

There are several legal avenues that survivors of medical sexual assault may choose to pursue. The civil and criminal justice systems both provide options for individual justice and can help protect other patients against future sexual assault by bringing the abuse to light. 

Criminal lawsuits 

The criminal justice system is the most well-known option for survivors of sexual assault to pursue justice. In this system, survivors may decide to file a police report and pursue a criminal case, which will then be tried in court. Depending on the verdict, the perpetrator may face fines, jail time, and other consequences. 

Civil lawsuits 

Civil litigation does not involve criminal charges, so it does not result in jail time. Instead, these lawsuits work to achieve financial compensation for the harm caused by the defendant. These cases have a lower burden of proof than criminal cases, requiring plaintiffs to prove that it is more likely than not that the defendant is responsible for harm caused. 

Many survivors pursue both criminal and civil litigation–it’s common to charge a defendant criminally at the same time that they are undergoing a civil suit. In addition to suing the perpetrator of the abuse, plaintiffs may also choose to sue an organization responsible for enabling or covering up their conduct, such as a health center or hospital. 

Outside the legal system 

Legal action may not be right for everyone, and the only person who can decide if litigation is the right path is the person who files the suit. Healing can look many different ways–for some people, the legal system can provide justice and closure, while for others, it creates an additional stressor and barrier to recovery. 

Support is available outside the justice system through survivor groups, support systems, counseling services, outreach services, and hotlines. RAINN’s National Sexual Assault Telephone Hotline is available at any time for immediate assistance and advice at 800-656-4673. Groups like the IL Coalition Against Sexual Assault (ICASA) and the IDHS Sexual Assault Prevention Program offer survivor resources and counseling. Read more about survivor resources here. 

Who can file a sexual abuse lawsuit against a doctor or medical professional?

Anyone who has been abused by a medical professional may file a civil sexual abuse lawsuit against the perpetrator as well as the organization that enabled their abuse. If you believe you have suffered sexual assault, immediately write down what happened as clearly as you can recall. Screenshot any relevant messages and save copies of emails, texts, or other communication that may be relevant. If possible, report the abuse to the medical provider, hospital, or other facility. Then, reach out to an attorney with experience in physician sexual misconduct to discuss your lawsuit. 

The litigation system is not perfect–we know that money can’t undo the harm that has been done. However, we also know that awards from settlements or verdicts can help plaintiffs find closure and deal with medical bills, lost wages, and other financial stressors. We believe that these lawsuits also hold perpetrators accountable and send a message to institutions that the systems that enable abuse will not be tolerated. 

Survivor advocacy: How our team of doctor sexual abuse attorneys works with survivors

Our team of attorneys, paralegals, and legal assistants is here to help you determine the best path forward—whether that’s pursuing sexual assault claims in civil litigation, looking into a criminal lawsuit, or seeking resources outside the legal system.  

In our survivor advocacy practice area, our focus is on the client’s needs, from the first call to the final resolution. Our law firm is dedicated to providing trauma-informed legal services and compassionate, determined counsel to achieve the justice you deserve.  

Our doctor sexual abuse lawyers can help you evaluate your case, understand your rights, and determine the best path forward. If you are considering pursuing survivor advocacy civil litigation, contact our team at 331-425-8022 or fill out our online case evaluation. Any consultation is fully confidential and free of charge.