Sexual Battery Lawsuit Against Kaiser

Anonymous v. Kaiser Foundation Health Plan

This is a medical malpractice case filed by a woman and her husband residing in Prince George's County. This is not your typical malpractice lawsuits. This is a sexual battery case against a doctor and Kaiser Permanente, arguing that Kaiser should have known what is going on with this physician. Our law firm, Miller & Zois has three similar cases involving Kaiser and Dr. Bryan S. Williams

This malpractice lawsuit case was filed in Health Claims Arbitration on January 3, 2017, and it is the first medical malpractice case filed in 2017 in Maryland.

  • Another 2017 lawsuit filed in March in Potomac (of all places) involving a doctor looking for sexual gratification under different but still creepy circumstances.  This one also appears to have some merit. The doctor's license was suspended. 
  • A sexual battery lawsuit against an OB/GYN that alleges bizarre and stunning facts (if true)
  • Sepsis misdiagnosis lawsuit filed against Kaiser

Summary of Plaintiff's Allegations

Plaintiff is a chronic pain patient under the care of defendant health care provider for two and a half years as a chronic pain patient. She receives all of her pain management care from the defendant, which includes refilling her intrathecal pump and a replacement procedure for the battery.

When it is time for surgery to replace the battery in her pain pump, she is naked on the operating table, alone with defendant doctor. She claims defendant doctor stares and leers at her. During a follow-up after the battery pack has been replaced, he again smirks at her and begins to touch and fondle her without gloves. Yuck. It is so easy to picture. 

He performs the office exams without anyone else present in the room. She attempts to switch pain management doctors, but defendant Kaiser Permanente tells her there are no other pain management doctors capable of performing the same services, so plaintiff feels as if she had no choice but to continue, as she needed the pain pump refilled. He continues to improperly touch her until her last appointment.

Plaintiff alleges that Defendant Kaiser Permanent knew at the latest by May 2013 that defendant doctor was improperly touching his female pain management patients, but they continued to retain him for longer than a year and allowed him to treat women without supervision. Kaiser kept defendant doctor employed until October 28, 2014.

On April 12, 2016, a news channel reports that this doctor was charged with sexual misconduct. Until this happened, plaintiff did not know that his conduct was inappropriate. She just thought it was creepy (which is a little hard to understand). She tells Kaiser immediately that she was a victim of this conduct, and Kaiser Permanent tells her they will share her information with the Maryland Board of Physicians.

After an investigation, defendant doctor's license is summarily suspended on May 18, 2016, and the suspension is continued on May 26, 2016.

Additional Comments
  • Male doctor evaluating a female patientThe Plaintiff's attorneys attached a copy of the Order for Summary Suspension of License to Practice Medicine to their Complaint.
  • The question here is going to be the value of the claim and whether Kaiser can be held responsible for this tort committed by its doctor.
  • Some jurors may hold against the Plaintiff that she did not speak up and voice her concerns and that she continued to see the patients. Her defense to that she needed her pain pump refilled and felt like she had no other options.
  • The value of the injuries in these claims are really going to vary but the harm suffered by the patient. Different patients are going to have a different response to this type of awful invasion.
Jurisdiction
  • Prince George's County
Defendants
  • Bryan S. Williams, M.D.
  • Kaiser Foundation Health Plan of Mid-Atlantic States, Inc.
  • Mid-Atlantic Permanente Medical Group, P.C.
Negligence
  • Negligently failing to maintain an appropriate doctor-patient relationship
  • Attempting to exploit therapeutic relationship with Claimant for personal gain
  • Inappropriately examining and touching Claimant
  • Engaging in physical acts of intimacy with Claimant unnecessary for proper medical services
  • Violating professional and ethical boundaries
  • Failing to engage chaperone for examinations of patients
  • Allowing defendant doctor to continue to examine female patients in private after given notice he was inappropriately touching patients
Specific Counts Pled
  • Negligence
  • Loss of Marital Consortium, Negligence
  • Informed Consent
  • Loss of Marital Consortium, Failure to Obtain Informed Consent
Plaintiff's Experts and Areas of Specialty
  • None at this time
Getting a Lawyer for Your Malpractice Claim

Have you suffered due to the negligence or misconduct of a doctor or nurse? If so, our law firm can help you. You're entitled to compensation for the harm that has been done to you. Miller & Zois has a rich history of getting results in medical malpractice cases in Maryland, earning large verdicts and settlements. Call us today to speed to a medical negligence attorney at 800-553-8082 or go online for a free case review.