Los Angeles Sexual Abuse Attorney – Lawyer for Sexual Abuse by a Doctor
Were you or someone you know sexually abused by a doctor or another medical professional? Sexual misconduct by healthcare provider is a breach of trust that causes victims a lifetime of psychological pain. As a patient, you have the right to expect compassionate and professional treatment from a doctor. When a boundary is crossed and you are sexually assaulted, you have the right to sue a doctor for sexual abuse in California.
It’s worth noting that most people in the healthcare industry are dedicated to the physical and emotional well-being of their patients. But there is no denying that certain people exploit their position of knowledge and power to sexually violate others. Those who engage in these acts must be held accountable, along with the medical facilities that enable the perpetrators.
The medical sexual abuse lawyers of Kenmore are ready to advise you of your rights and guide you through the legal system one step at a time. We can help you sue a doctor for sexual abuse in California and secure the compensation you deserve by law. Our legal team is here for you 24 hours a day, 7 days a week, so call us anytime to speak with a healthcare professional sexual abuse attorney.
Identifying Sexual Abuse by a Doctor
Sexual abuse in the medical setting is not always easy to identify, as doctors have to examine patients, and that often requires touching them on various parts of their body. In some cases, the patient has to undergo highly sensitive and invasive procedures, like a gynecological exam. So, it’s possible that you are confused about what happened to you, which is perfectly normal. Discussing your experience with a medical professional sexual misconduct attorney is a good way to verify whether a doctor’s actions crossed the line.
Sexual abuse by a healthcare provider can happen in many ways, and some incidents – like sexual assault – are clearly abuse that no one should have to endure. Sexual assault refers to any type of unwelcome / inappropriate contact of a physical nature that result in sexual gratification for the perpetrator. Doctor sexual abuse can happen in many settings, including hospitals, clinics, and private practices. People can also be sexually assaulted and harassed at long-term care facilities, like nursing homes.
The truth is, people innately trust their doctors when it comes to physical contact. Certainly, touching a patient is necessary to assess their condition and offer treatments. However, this critical need is easy to exploit when a medical professional wants to take advantage of innocent patients.
Our medical sexual abuse lawyers in Los Angeles know that unwelcome sexual contact is traumatizing, and victims may not realize right away that they were abused. Processing the event can be a confusing and painful process, where the victim is left with shame, guilt, and other challenging emotions. It’s quite common for the victim to go over what happened again and again until they start to question whether it was simply a misunderstanding.
Being abused in a medical setting adds a layer of complexity that can be difficult to work through. If you believe that you were sexually assaulted during a medical appointment, make sure to contact a California doctor abuse attorney. They can provide information on what to do if a doctor sexually abuses you and help you file a civil claim for sexual misconduct.
Can I File a Lawsuit for Sexual Assault by a Doctor?
Yes, you can file a lawsuit if a doctor sexually assaulted you and seek compensation for the harm you suffered. Legal options for victims of doctor sexual abuse include criminal prosecution for sexual assault. Victims can also file a lawsuit for doctor sexual abuse, which is a civil action.
A criminal prosecution punishes the person that committed the abuse, like a doctor that sexually assaulted you during a medical procedure. However, the civil courts aim to provide compensation for the victim’s physical and mental suffering. Compensation for a medical professional sexual abuse lawsuit include medical expenses, pain and suffering, lost income, and more.
To explore the option of filing a lawsuit, reach out to us and schedule a free case review with a hospital sexual assault attorney
Proving Sexual Assault in a Medical Setting
Strong evidence is the key to succeeding in any type of lawsuit, including compensation claims for sexual abuse by a doctor or other medical professional. Proving that sexual abuse occurred is very challenging when the victim has a patient – doctor relationship with the abuser. After all, there are many instances where a doctor must have physical contact with the patient. This can blur the lines between what is medically necessary versus inappropriate behavior.
Don’t ignore your instincts when it comes to any type of questionable conduct by a medical professional. By contacting us today, you can talk to a lawyer with experience in medical sexual abuse by doctors. If you were sexually abused, our legal team has the skills and resources to gather evidence, hire medical experts, speak to witnesses, and take other actions to build a solid case.
SB 1182 California Sexual Assault Law
Senate Bill 1182 is a law that makes the possession of certain drugs a felony offense when they are used to commit a sexual assault. Before this law, which was passed on January 1, 2017, possession of date rape drugs could only be charged as a misdemeanor under the state’s drug possession rules.
Why does this matter in the context of a medical professional sexually abusing a patient? Doctors have easy access to specific medications, like sedatives, that can be used to knock out a patient for the purpose of sexual assault. SB 1182 can be used to charge these individuals with a felony and ensure that they receive the highest form of punishment under the law. In essence, doctors who assault their patients can’t hide behind their profession and expect to get off with a slap on the wrist.
How Did SB 1182 Come About?
SB 182 was a response to Proposition 47, a 2014 ballot measure that resulted in the reduction of penalties for non-serious drug offenses. This made offenses like the possession of “date rape” drugs a misdemeanor, when it was previously a felony. Unfortunately, this was used as a legal loophole by those who obtained such drugs with the intent to commit rape and other acts of sexual assault. Advocacy groups and law enforcement agencies argued that legal statutes meant to protect victims were greatly weakened by this change. Key elements of SB 1182 are as follows:
- Elevated charges – with SB 1182, the possession of substances commonly known as date rape drugs, like ketamine and GHB, are classified as a felony when the intent is to use them for a sexual assault.
- Increased penalties for predators – Under Senate Bill 1182, those convicted of a felony face a sentence of 16 months to 3 years in prison.
- Serving as a deterrent – the bill is mean to deter sexual predators and prevent the possession and use of these drugs for the purpose of sexual exploitation and assault.
How Long can I Sue for Doctor Sexual Abuse?
The statute of limitations for sexual abuse in California depends on various circumstances, which is why each situation must be considered on an individual basis. In general, you have 10 years to file a lawsuit if you were assaulted as an adult (18 years of age or older). If you are a victim of child sexual abuse, the statute of limitations can be one of the following, whichever comes later:
- 22 years after the age of adulthood (up till your 40th birthday)
- 5 years after discovering one or more psychological injuries caused by sexual abuse
Since the delayed discovery of sexual abuse can occur at any point in a victim’s life, one can argue that there is essentially no deadline when it comes to a child sexual assault lawsuit. That being said, you must conclusively prove the harm you suffered and how you did not realize its impact on your life until the statute of limitations expired on your case.
As you can see, figuring out how long you have for a doctor sexual abuse lawsuit is a complex matter. It’s in your best interest to speak with a lawyer right away, who can help you meet the deadline for a legal case or file for an exception to the statutory deadline.
Suing a Hospital for Sexual Abuse
You have the right to sue the medical professional that sexually abused you, but liability may not only be with the perpetrator. Hospitals can be liable for sexual abuse, along with other medical institutions like psychiatric clinics, rehabilitation centers, and nursing homes. These institutions can be sued for sexual assault if they ignore warning signs or allegations from staff and patients. Hospitals may also be negligent in vetting their employees or enabling a culture or sexual misconduct within the workplace.
There are many situations that can form the basis of a lawsuit against hospitals for sexual abuse. So, if a hospital knew or should have known about misconduct by one of their doctors but failed to act appropriately, they can be sued by the victim or their parent / legal guardian. The Los Angeles sex abuse lawyers of Kenmore can investigate what happened to you and see if negligence by the hospital was a factor in why you were sexually abused.
We know that sexual abuse survivors are at a disadvantage when it comes to allegations of sexual assault. Medical professionals are generally respected member of society, and the institutions they work for want to avoid the public backlash and legal consequences of harboring an abuser. These places also have a legal team to protect their interests and do whatever it takes to make sexual abuse accusations go away. Legal assistance from a caring and compassionate attorney can even the playing field and help you succeed in a medical facility sexual abuse lawsuit.
We also have medical experts who can offer counseling and other support systems to help you work through the trauma of being abused by a doctor. Testimony from experts can also establish that the doctor’s conduct clearly violated the standard of acceptable medical care. Mental health experts can also verify how the abuse has impacted your life, which is a critical element in determining how much compensation you are owed.
Compensatory Damages for Sexual Abuse Victims
As someone with grounds for a sexual abuse lawsuit, it’s essential to know about the payments you are eligible to receive. Here are the possible damages that can be obtained by an experienced attorney for sexual abuse in hospitals:
- Current and projected future medical expenses
- Lost wages / income, including future lost wages if the event has impaired your ability to continue your job duties
- Pain and suffering and other non-economic damages (loss of enjoyment or life, emotional distress)
- Loss of consortium – awarded to spouses or family members for the loss of a normal and loving relationship with the victim
- Costs associated with legal representation – lawyer’s fees, court filing costs, etc.
- Punitive damages awarded by the jury if the defendant is guilty of gross negligence or malicious conduct
Please note that most of these cases are settled out of court, even after a lawsuit is filed. However, you should work with an experienced sexual assault lawyer who is ready to try your case in court if necessary. No matter how your case is resolved, a skilled attorney is the key to obtaining maximum payment from the liable entities.
Why Taking Legal Action Matters
It’s understandable that victims question whether it’s worth it to file a lawsuit against their abuser and the institution they work for. After all, no amount of money can erase the trauma of sexual abuse, nor can it undo the lasting harm that you’ll have to live with for the rest of your life.
Frankly, there is not right or wrong answer on this issue, and each victim will have to decide for themselves if legal action is in their best interest. We do know that many survivors need to take some sort of action before they can move forward with their lives. They also need to feel empowered after a situation where control over one’s body was cruelly stripped away. Filing a lawsuit against the hospital and your attacker is a powerful way to regain control.
Lawsuits also raise public awareness about sexual abuse in the medical profession and misconduct at specific facilities. Keep in mind that you probably one of numerous patients who were abused by the same doctor. By initiating a claim for sexual abuse, others may be encouraged to come forward and demand justice for what they endured. This, in turn, can lead to stronger protections against sexual abuse by medical professionals.
We can say with certainty that the outcome of a lawsuit can change how medical centers treat and care for their patients. Doctor negligence and misconduct cases have led to greater oversight, improved hiring practices, and a system of reporting inappropriate behavior as soon as they happen. More needs to happen in order to protect patients from sexual abuse, but we have made great strides toward this goal, and it’s all thanks to the many brave patients who have come forward.
Any type of sexual interaction between a doctor and their patient is an ethical violation and breach of trust. Acts of medical sexual abuse are against the law, and we will never give up in our fight to combat this horrific practice within the medical community.
Help from a Medical Sexual Assault Lawyer in Los Angeles
Were you sexually abused by a medical professional, such as a doctor, nurse, or anesthesiologist? Was someone in your family sexually assaulted during a medical appointment? As a victim of sexual abuse, immediate action is essential to protecting your legal interests. An attorney for abuse by nurse or doctor at Kenmore Law Group is here to assist you with all your questions and concerns.
Our law firm has a Zero Fee Guarantee policy, thereby allowing you to hire a hospital sexual abuse lawsuit lawyer for $0. You continue to pay absolutely nothing for the entire duration of your case, and we wait till the release of your settlement check to collect legal fees. What happens if we lose and you don’t receive compensation? We eat the costs associated with your case, and you walk away without owing us a single penny.
At the end of the day, seeking justice is not just about recovering physical and emotional damages in doctor medical sexual abuse lawsuits. You also send a message that can prevent such incidents in the future and ensure that medical facilities uphold the highest level of patient care. Remember that you don’t have to stay silent after a sexual assault. Contact our law firm in Los Angeles to receive a free consultation from a hospital or clinic sexual assault lawyer.
