Hospital sexual abuse should never happen. You expect to be treated in a hospital, not abused while seeking treatment. Victims are left questioning if they did something wrong and how a respected medical professional could breach their duty of care in this manner.
Studies on the extent of abuse are lacking, but 862 physicians were disciplined in a ten-year period for sexual misconduct. One study found 3%-12% of male and 1%-4% of female physicians had some form of sexual contact with patients.
These figures do not include abuse from:
- Nurses
- Assistants
- Anesthesiologists
- Other medical professionals
Many victims remain silent, suffering from the abuse due to feeling ashamed or that they’re somehow at fault.
We’re here to tell you that you have a voice.
For over 55 years, we’ve been fierce advocates for our clients. We’ll provide you with legal counsel to fight back against the injustice that you experienced.
A mere 310 out of every 1,000 sexual assaults are reported. It’s time to change that.
Call us today at (866) 446-7478 to schedule a 100% free consultation with an attorney who will protect your rights and help you regain your voice.
What is Duty of Care?
Duty of care is the legal duty of physicians who agree to treat patients in a way that a “reasonable” physician would under normal circumstances. For example, if you broke your leg, the physician has a duty to:
- Follow industry best practices
- Treat you like 99% of other doctors would in a similar situation
Sexual abuse is never a part of standard care. Once inappropriate touching or worse occurs, the duty of care is broken. Medical professionals have a duty not to harm others and must act professionally.
Is a Hospital Liable for Sexual Abuse?
Hospital sexual abuse can end in the hospital being held liable for the abuse of the employees they hire. An appeals court in California showcases this well:
- Employers are not generally responsible for employee sexual abuse
- Organizations in certain circumstances, such as psychiatric hospitals, must foresee abuse as a real circumstance of the job.
A level of negligence must exist to hold the hospital liable for the abuse, such as not screening a medical professional or allowing the individual to remain in their position even with a history of abuse.
Are Hospitals Required to Report Sexual Abuse?
States have their own laws and requirements for reporting sexual abuse in hospitals. While all reports should be presented to local law enforcement, this isn’t always the case. If you or someone you love are victims of assault, assume that you need to:
- Report the assault to law enforcement
- Contact an attorney who will fight on your behalf
Recent Reports of Hospital Sexual Abuse
News reports are filled with incidents of abuse in hospitals. A recent report identifies a 27-year-old nurse who has been arrested on suspicion of assaulting a patient at the hospital. The victim was, according to reports, assaulted while unconscious.
Hospital officials terminated the employee immediately and worked closely with law enforcement once the report was made.
Another disturbing report of six women who are suing a hospital because:
- An ultrasound tech repeatedly assaulted them between 2020 and 2022
- According to the complaint, the hospital ignored the reports and continued to employ the technician
All women in the lawsuit assert that the hospital should be held liable because they were made aware of the harassment and assault and did nothing to protect female patients from the technician.
The hospital claims that they’re not liable for the claims and that the ultrasound professional followed proper protocol. Multiple allegations against the same technician were filed, and while the tech was put on leave when investigations were made, he was allowed to return to his position.
I Was a Victim. Who Can I Report to?
If you are the victim of hospital sexual abuse, you can report the conduct to:
- Your state medical board
- Your local police department
- A medical officer at the hospital
Victims can also contact The National Sexual Assault Hotline at 800-656-4673 and be directed to law enforcement or healthcare facilities for exams.
Understanding Hospital Negligence
Hospitals have a duty to protect the patients in their care. When they fail to fulfill that duty, they may be held liable if one of their patients is sexually abused.
Successful claims often center on administrative negligence in supervision protocols and hiring practices.
For example, the hospital may have been negligent for failing to:
- Conduct a pre-employment background check
- Validate the perpetrator’s credentials
- Take other pre-employment steps to vet potential employees properly
- Reasonably act in response to employee dangers
- Establish policies and procedures to ensure uniform patient treatment and care
To succeed with a negligence claim, you must be able to prove that:
- The hospital owed you a duty of care
- That duty was breached
- The breach caused damage
We may be able to argue that the incident was foreseeable because the hospital was negligent in its hiring practices or supervision of employees.
How Does the Claim Process Work?
The claim process starts with a consultation with your attorney to discuss the details of your case. In order to succeed with your claim, your attorney will gather evidence to prove negligence.
Evidence may include:
- Proof of physical injuries, including medical records.
- Incident reports involving the perpetrator, along with police reports and investigation notes.
- HR policies and procedures for hiring, including procedures for interviews, credential verification and background checks.
- Other patient allegations and the results of those investigations, including disciplinary actions taken and copies of statements given to law enforcement.
- Witness testimonies and any documentation of responses to allegations.
Your attorney will know the best methods for obtaining relevant evidence to prove your claim, obtain the compensation you’re entitled to and fight to have your voice heard.
What Remedies Are Available?
Victims of hospital sexual abuse are often afraid to step forward, but taking legal action can help you take back your power. It’s an opportunity to have your voice heard, to help others and to prevent abuse from happening in the future.
Filing a civil lawsuit will allow you to seek financial compensation for your losses and share your side of the story.
If you still want justice but prefer to keep your story private, civil lawsuits can also be kept confidential to protect your privacy.
For many victims of sexual abuse, taking legal action is not about compensation; it’s about holding responsible parties accountable and driving institutional changes to prevent future cases of abuse.
The compassionate and experienced attorneys at Cohen & Malad, LLP can help guide you through the process of filing a lawsuit, fighting for justice and making sure your voice is heard.
Resources for Survivors
Fighting for Victims of Hospital Sexual Abuse
If you were sexually abused while in the care of a hospital, contact Cohen & Malad, LLP today. Our compassionate attorneys understand how difficult it can be to come forward and the pain of such a traumatic experience.
Hospitals should be a place where you feel safe and can trust in your caregivers. When that trust and security are violated, it can be challenging to pick up the pieces.
We understand the sensitive nature of your case and will respect your privacy as we seek justice for you and others who are victims of abuse.
Contact us today to schedule a free consultation.
