The conversation surrounding the #MeToo movement on social media has made many reconsider inappropriate behavior inside and outside of professional environments. The much-publicized trial of disgraced former USA Gymnastics doctor Larry Nassar – and his conviction on seven counts of sexual abuse– shed light on the kind of incidents experienced by many female patients. Here’s what you need to know about sexual assault by a treating medical professional.
Sexual assaults by doctors are not necessarily medical malpractice claims. They are assaults. But when we have these cases, we are likely going to file them as malpractice cases. The defenses are often grounded in malpractice and we are often bringing negligence claims against the medical practice or hospital for not properly supervising the doctor in light of what is often prior complaints against the doctor. We have a sexual battery case in suit now where the doctor required a chaperone due to prior allegations but one was not provided with our client. The doctor eventually lost his medical license.