Medical 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. 

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

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. 

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.