If a doctor has sexually assaulted, abused, or harassed you, you have the right to sue in a civil action to seek monetary compensation. This conduct blatantly violates trust and professional responsibility and exploits the power inherent in the doctor-patient relationship. Even if the doctor’s actions did not result in physical harm to your person, you can file a civil lawsuit to recover for the damages that include emotional distress and medical bills, among others. Civil cases aim to provide financial relief and ensure accountability for the harm caused.

After you have reported the matter to the police, the criminal justice system will then handle the matter and probably charge the doctor. However, this differs from civil cases, where the main goal is compensating the victim. Criminal cases seek to punish the doctor for violating the law and deter other doctors from engaging in such conduct in the future. They achieve this by imposing prison sentences and fines. Despite this, filing a civil case does not prevent criminal charges or vice versa.

Below, we analyze civil cases and what you should know about them to maximize monetary compensation.

What to Do When a Doctor Sexually Assaults, Abuses, or Harrases You

If a doctor sexually assaults, abuses, or harasses you, you should take necessary measures to protect yourself. If you are at immediate risk, call the police or an emergency number. After seeking help, you should seek medical attention as soon as possible. Doing so helps you to have your physical injuries addressed and forensic evidence of the abuse documented immediately after the incident. A medical professional can examine you and take samples that may be useful to your case.

Furthermore, documenting the incident in detail is in your best interest. Include all facts and circumstances concerning the abuse, including the dates and times of the abuse. Also, any physical evidence or communication regarding the incident should be saved since these records will be helpful in both investigations and legal actions.

You should also report the abuse to the proper authorities. Inform the medical facility where the abuse took place because they have procedures for handling such a complaint. Moreover, the matter should be reported to the Medical Board of California. The board is tasked with investigating allegations of professional misconduct. If you would like to take the legal route, make sure you contact the police. Your attorney will use the incident report as evidence. Be sure that your attorney deals with sexual abuse or personal injury cases. He/she will be better placed to help you.

However, there is a need to seek emotional support. Tell friends and relatives or seek help from a counselor. Counselors and support groups can help with dealing with the psychological trauma that is usually associated with the abuse.

Civil Lawsuit for Doctor’s Sexual Assault

Your civil suit will be based on sexual violations, which also double up as crimes. These offenses include:

  • Rape or sexual assault — These are non-consensual sexual acts that cause victims significant harm.
  • Indecent exposure — You will be a victim of indecent exposure when a doctor exposes his/her genitals or private body parts in a manner that offends you.
  • Sexual battery — Victims are sexually battered when offenders engage in unwanted and non-consensual physical contact of a sexual nature with the victim.
  • Oral copulation by force — This occurs when the doctor sexually assaults you into giving oral sex to him/her or a third party. It also happens when the doctor performs oral sex on you. All these should be against your will.
  • Forcible penetration with a foreign object — This crime occurs when the offender forces an object on a person’s body, especially the private parts.
  • Nonconsensual touching or forceful kissing — Physical contact or kissing that is regarded as sexual harassment or any physical touch that results in emotional abuse.
  • Child sexual abuse — Sexual abuse or touching of a child
  • Statutory rape — This occurs when the doctor has sexual intercourse with a minor.

If a doctor commits sexual assault, abuse, or harassment, you are not alone in seeking justice and recourse. Other parties affected by the misconduct can also seek compensation. These include the following:

  • Family members or your heirs — If the misconduct results in a fatality, then family members or your heirs can institute a wrongful death suit. This lawsuit aims to recover for the loss of life, burial expenses, loss of companionship, and financial support.
  • Witnesses — Negligent infliction of emotional distress is another legal remedy that may be sought by those who encounter misconduct. They can sue for damages if the case negatively affects their emotional well-being. Examples of witnesses could include hospital staff.
  • Domestic partners or spouses — Your domestic partner or spouse can file an action for damages for the sexual misconduct that was committed against you. They can sue for damages for negligence, breach of duty to care for them emotionally, and loss of consortium and affection because of the doctor’s actions' impact on you.
  • Parents or guardians — In cases where the victims are minors, they are represented by parents or guardians who can seek compensation for the damages. As a parent or guardian, you can seek reimbursement for damages for emotional and psychological trauma the child suffered, medical expenses, and therapy.

These legal options enable the families, witnesses, parents, guardians, and partners to seek justice and compensation for the general impact of the misconduct.

If you decide to sue a doctor for sexual assault, abuse, or harassment in a civil lawsuit, you can also sue the doctor’s employer. This strategy strengthens your case by addressing the roles of all involved parties. Moreover, this strategy helps maximize the compensation you could receive. You could have the following parties enjoined as defendants:

  • The hospital — If the misconduct was committed at a hospital, you can join the hospital as a defendant in your case. Hospitals should ensure their staff is well monitored and acted upon in the event of misbehavior. Otherwise, such companies may become liable for the same.
  • A clinic or other healthcare facility — If your ordeal happened in a clinic or different healthcare center, you could list the facility as an additional defendant. These facilities are supposed to provide a safe setting for patients. Failing to do so can result in legal responsibility.
  • The doctor’s private practice — If the misconduct occurred in the doctor’s office that is part of his/her private practice, you can also name the office in your lawsuit. Private practices must offer enough supervision and ensure the patient’s environment is secure.
  • University or college — You can include the institution in your case if the doctor was practicing at the college or university and misconduct was committed there. Institutions are expected to manage their employees and deal with misconduct cases.

The basis for suing the doctor’s employer is anchored on two legal theories:

  • Employer’s negligence or selection, or
  • Vicarious liability

Negligent Supervision or Hiring

Hospitals, clinics, and other healthcare facilities are responsible for hiring competent personnel and providing a safe environment to patients. Both California and federal guidelines emphasize the importance of these responsibilities.

Employers must check the candidates' backgrounds, ensure that they produce their licenses, and check whether the candidate has any history of workplace discipline. These steps are necessary to guarantee that the candidates are suitable for positions requiring them to contact patients. Failing to observe these precautions results in hiring people who might harm others.

Should an employer fail to adhere to these hiring processes and a doctor is later involved in sexual misconduct, abuse, or harassment, you can sue the employer for negligent hiring. This means the employer failed to assess the risks associated with the doctor before hiring him/her. For example, if a doctor who had several complaints in his/her previous workplace regarding his/her misconduct was hired because the employers did not conduct background checks, the employer would also be held responsible.

Furthermore, employers should effectively supervise their staff. Employers should supervise staff conduct and respond to any signs of misconduct or allegations. An employer may also be liable for negligent supervision if they ignore signs or are grossly incompetent in adequately supervising employees. For example, if the employer fails to handle the complaints of the doctor’s misconduct, he/she will be held liable.

To win a negligent hiring claim, you must prove several crucial points, namely:

  • You must prove that the doctor was unfit for the position for which he/she was hired — This means proving that the circumstances surrounding the doctor’s appointment or promotion made him/her unsuitable for the job.
  • You have to prove that the employer should have known that the doctor was a danger to the lives of patients — This involves demonstrating that the employer failed to undertake proper pre-employment screening or notice obvious signs of dangerous propensities of the doctor.
  • You have to link the doctor’s unfitness to the harm you sustained — You have to explain how the doctor’s improper conduct or inadequate qualifications to perform certain tasks led to the specific injury or distress you experienced.
  • You have to prove that the employer was negligent in hiring, supervising, or retaining the doctor and that his/her negligence contributed to your injury — Make sure you demonstrate that the employer was at some level negligent and did not take the right action to prevent you from being injured.

Respondeat Superior or Vicarious Liability

The doctrine of respondeat superior offers grounds for employers to be held responsible for the actions of their employees, including in cases of a doctor’s sexual misconduct. This means that a hospital or healthcare facility may be vicariously liable for the doctor's actions even if the institution did not directly participate in or endorse the behavior.

To establish a vicarious liability claim, you must show that the abuse occurred during the doctor’s employment. You should prove that the misconduct occurred while the doctor was on duty and engaging in his/her official responsibilities, for example, when examining the patient. Furthermore, you have to prove that the employer has control over the doctor, including the authority to hire, supervise, and potentially terminate them. This control links the employer’s responsibilities to the employee’s actions.

Vicarious liability also requires foreseeability. Foreseeability describes the ability or capacity to foresee an event. You have to prove that the employer could foresee the possibility of such conduct. This could prove difficult, mainly if there is no record of prior misconduct complaints or warning signs.

It is, therefore, difficult to establish the legal doctrine of vicarious liability in cases of doctor sexual abuse. It is for this reason that sexual abuse is an intentional tort and not an employment tort, which complicates the direct link between the abuse and the doctor’s job. Also, proving that the employer knew or ought to have known about the misconduct can be challenging, especially where the abuse was concealed.

The Differences Between Civil and Criminal Proof Standards

In every civil case, the plaintiff bears the burden of proof, which means you must convince the court that the defendant is guilty. You must provide the court with sufficient facts to prove the probability of the allegations as compared to the opposite. In doctor sexual abuse cases, you have to prove that the abuse occurred and that the defendant’s conduct or lack of action harmed you. You need to prove your allegations by a “preponderance of the evidence” standard, showing that your claims are more probable than not.

This standard is not to be confused with the criminal standard beyond a reasonable doubt. While prosecuting criminal cases, prosecutors must prove that the defendant is guilty “beyond reasonable doubt.” This higher degree of proof eliminates doubt about the defendant's guilt before a conviction is made.

The lower civil burden of proof demonstrates that the objective of civil cases is to settle disputes and compensate for loss. On the other hand, criminal proceedings aim to prove the offender's guilt and punish him/her.

Do I Have a Time Limit For When I Should File My Lawsuit?

In California, you have two years from the time you were sexually abused to sue a doctor in civil court. This period helps you to present your case while the evidence is still fresh and the testimonies of witnesses are more credible.

If the doctor is later prosecuted and incarcerated for a similar sex offense, the law entitles you to an extra year in which to sue the doctor in civil court. This extension starts from the date the doctor is convicted. It helps you seek justice if you fail to file before the prescribed time.

If you were a minor when the abuse took place, then the law accords more time for filing the lawsuit. The law allows you to seek legal redress one year after your 26th birthday. Also, if you later discover that the mental health problems are a result of the abuse, you can sue within three years from the time you made the discovery. These rules understand that most minors and survivors may need more time to fully understand and process the impact of the abuse on their lives.

Failing to file within this period can forfeit your right to seek compensation.

Damages Available to Victims of Doctor Sexual Abuse

If you successfully prove your case against the doctor, the jury can award you various monetary compensation. They could include:

  • Medical bills — You may be entitled to receive compensation for all the expenses incurred in treating the abuse. This includes the cost of initial treatment, subsequent treatment, and counseling to treat psychological problems that may result from abuse.
  • Other financial losses — A claim for other losses can include compensation for other financial losses arising directly from the abuse, including the costs of therapy and recovery.
  • Wages lost during recovery — These damages provide for the wages that you lost during the period that you were unable to work because of the abuse and the healing process.
  • Loss of earning capacity — If the abuse affects your future earning capacity, you can claim for the loss of earning capacity.
  • Physical pain — The jury could award you compensation for the actual physical suffering that you underwent as a result of abuse.
  • Mental suffering and anguish — Damage can also include compensation for the trauma that the abuse has caused, like anxiety and depression.
  • Loss of life’s enjoyment — The jury may award damages for loss of amenity, which means the ability to lead an everyday life, go out, enjoy hobbies, and such.
  • Loss of consortium — In case the abuse interferes with your interaction with your spouse or family, then you might be awarded compensated loss of consortium. This compensation includes the interference with family association and emotional health.

Find a Personal Injury Attorney Near Me

Experiencing sexual abuse, whether physical or emotional, can be deeply traumatic. It is understandable if confronting your abuser makes you feel overwhelmed. Even if the compensation you receive from a civil lawsuit against the doctor cannot reverse the harm, it is the first step toward healing. When you decide to file a case, you seek justice and slowly take back control of your life. Suing the doctor can help to ease the suffering and also help to get the financial support that one needs to recover.

Contact the Los Angeles Personal Injury Attorney if you need any legal assistance. Our experienced team understands the nuances of sexual misconduct-related cases. Call us at 424-231-2013 for further assistance.