Sexual Battery Lawsuit in Baltimore County

Anonymous Patient v. Anonymous Doctor

Sexual AssaultThis is a sexual battery lawsuit filed against a gynecologist in Baltimore County. It was filed on March 17, 2017 in Health Claims Arbitration, making it the 125th medical malpractice lawsuit filed this year in Maryland.

Summary of Plaintiff's Allegations

Plaintiff is a patient of defendant gynecologist for six years, during which time she becomes comfortable with her doctor. She has annual examinations done at her office. It has to be pointed out that the doctor is a female.

During one appointment, defendant doctor walks into the plaintiff's room without asking if she wants anyone else in the examination room. While examining the woman, defendant doctor inappropriately examines her breasts. Additionally, during the examination, defendant doctor sexually assaults the woman. Plaintiff attempts to push her off of her, but is unable to do so. Defendant doctor then calls the woman inappropriate names before she has a chance to dress herself and leaves the room.

For two months after this incident, the woman's history of depression takes a turn for the worse. She stays in her house and barely leaves. She writes a letter to the doctor asking if they could meet to solve the issues arising from the last appointment, and a meeting is scheduled. Defendant doctor acts as if she does not know why they are meeting, and makes no effort to discuss the assault. The doctor asks her to leave the office, which she did.

The woman is admitted to Northwest Hospital for three days to the psychiatric ward due to thoughts about ending her life. She has had to have substantial psychiatric counseling for post-traumatic stress disorder due to defendant doctor's invasion of her privacy.

Additional Comments
  • This story is certainly odd. The plaintiff came into the appointment after putting garlic in her vagina to ward off odor. At one point, it said the doctor was massaging the plaintiff's G spot and the plaintiff began to groan, presumably in pleasure.
  • The woman also scheduled a meeting with the doctor to "take time to discuss her concerns." Certainly a strange - actually unfortunate -- way for a medical malpractice lawyer to frame what is a sexual assault.
  • This is a she said/she said case where the story does not seem to completely make sense, at least how it is told in the complaint. It is going to be very difficult case for the plaintiff.
Jurisdiction
  • Baltimore County
Defendants
  • A Baltimore gynecologist
Hospitals Where Patient was Treated
  • Northwest Hospital
Negligence
  • Failing to ask the plaintiff if she wanted a chaperone in the examining room during the exam
  • Failing to provide a chaperone during the pelvic examination
  • Failing to use the proper protocol for pelvic examination
  • Improperly placing herself on top of the plaintiff and performing a sex act on the plaintiff
  • Failing to appreciate her actions could be deleterious to the plaintiff, who defendant knew had a history of treatment for severe depression and anxiety
Specific Counts Pled
  • Medical Malpractice
  • Intentional Infliction of Emotional Distress
  • Sexual battery
Plaintiff's Experts and Areas of Specialty
  • None at this time
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