Sexual Abuse by a Dentist
Sexual abuse by a dentist is a violation and crime that no patient should ever face. One in three people have an extensive fear of going to the dentist already – without abuse. When a dental professional breaches the duty of care, it can have life-long consequences for patients.
No one ever asks to be a victim.
One study from 2021 found that 5% of women and 2% of men experienced sexual misconduct at the hands of health care professionals.
Patients have a right to feel safe when receiving dental care. If you or someone you love were victims of abuse, you have no reason to feel ashamed or at fault for the events that led to abuse.
If you’ve faced an injustice; we’ll fight back to seek justice.
At Cohen & Malad, LLP, we have 55+ years of experience fighting for clients and helping them regain the voice that someone else tried to take from them.
We know the pain, anxiety and stress that you’re experiencing.
Call us today at (866) 446-7478 to book your 100% free consultation with an attorney who fights back for victims of sexual abuse.
Can the Dental Practice Facility Be Held Liable?
If a dentist sexually abuses a patient and is part of a practice group, the facility may be held liable. The owner may claim not to have knowledge of the abuse, but a jury may find that he or she should have known these events were occurring.
The owner of a dental practice may be held liable if:
- Members of the office are aware of the facts surrounding the abuse
- The person in charge of staff is aware of issues with the dentist but fails to take action to correct them
- The person in charge of staff is aware of the abuse but fails to inform the practice owner
- The supervisor or person in charge is the abuser
If someone is given authority over staff members, the dental practice can become liable for misconduct committed by its employees. Supervisors are responsible for overseeing staff, recruitment and recommending disciplinary actions to practice owners.
Even if the practice owner claims not to have knowledge of the abuse, the court may still conclude that they were deliberately ignorant.
What is Duty of Care?
“Duty of care” is a term that most medical professionals must learn and follow. Your dentist has to treat everyone fairly, and they cannot treat any patient with prejudice.
Dentists must also follow a duty of ethics.
Your dentist has a duty of care to not bring harm to others, and for many patients, it’s not clear how the duty of care is broken. If the dentist properly treats your teeth, you may be under the false assumption that they did not breach their duty to you.
This would be false.
You may have a great dentist, but they cannot cause:
- Emotional injuries
- Physical injuries
Sexual abuse by a dentist is a clear violation of this duty. Dental professionals have a duty to keep you safe, and in some cases, a third party may also have had a duty to protect you.
For example, if you’re in a care center that hires a dentist, they may be liable for the abuse. Let’s look at an example:
- The care center hires the dentist
- Multiple reports of abuse arise
- The care center still allows the dentist to see patients without supervision during the investigation, or they ignore the abuse claims
In the above example, the care center may have acted negligently by ignoring reports of abuse and putting you in harm’s way.
Due to the complexity of sexual abuse and state laws, it’s crucial to work with an attorney who understands abuse law and can help you navigate it.
We’ll fight on your behalf to hold all parties liable for the injustices that you face.
Are Dental Offices Required to Report?
Dentists and their staff members are health care professionals, and, as such, are mandated reporters. If a child is being sexually abused, dentists are required to report the abuse.
However, it’s important to note that states have their own laws and requirements for reporting abuse. If you or a loved one have been sexually abused by a dentist, you can take back your power by:
- Reporting the incident to the police
- Consulting with an attorney who can help you seek justice and compensation
Risks and Recent Reports
Victims of sexual abuse are, sadly, found across the country. A prime example is a victim of a Pennsylvania dentist who was accused of abuse in January 2024. An unidentified victim claims that the 56-year-old dentist sexually assaulted her two days before she made the report.
The victim suffered from Temporomandibular Joint Dysfunction (TMJ), and as part of her treatment, she had to seek massage therapy.
The dentist was the one who performed the massage, and the allegations suggest that he had the woman come to the office after hours. She did not realize that she and the dentist were the only two in the office.
She claims that the dentist fondled her while conducting treatment.
Another report of sexual abuse by a dentist in Los Angeles shows how one dentist can abuse numerous at-risk patients over the course of years. The 50-year-old dentist targeted at least nine patients who were:
- Female
- Low-income
- Immigrants
During a five-year period, he sexually abused patients between the ages of 27 and 73. One of the women claimed that the dentist sexually assaulted her while she was under anesthesia.
I Was a Victim. Who Can I Report To?
If you or someone you love were a victim of sexual abuse, you should come forward to help prevent others from falling victim to a perpetrator. You can report the abuse to:
- Police
- Licensure board in your state
You’ll need to research your state’s professional licensure complaint process. In many states, the Board of Dentistry will investigate all complaints and take them seriously. However, you can also file a report with the police at this time.
Reporting the abuse is the first step in a lengthy process.
If you don’t know who to report the abuse to or are nervous about the steps ahead, you’re not alone. Victims of abuse are often left with anxiety, guilt and fear.
We’ll help you regain your voice and seek the justice you deserve.
What Remedies Are Available to Victims?
Survivors of sexual abuse by a dentist can hold their abuser accountable by filing a civil lawsuit.
Taking legal action will give you an opportunity to:
- Share your story
- Take back your power
- Seek the financial compensation you need to get help and heal
Survivors of sexual abuse are often reluctant to step forward out of fear or shame. But by speaking up, you can help prevent other individuals from suffering the same abuse.
If you still want to hold your abuser accountable but wish to keep your story private, you can choose to keep the legal proceedings confidential.
At Cohen & Malad, LLP, we understand that sexual abuse is one of the most difficult and traumatic things a person can experience. Our attorneys are specially trained by mental health professionals so as not to revictimize plaintiffs when telling their stories.
We can help you navigate this challenging process while fighting for justice and protecting your privacy.
Understanding the Claim Process
Stepping forward and making the decision to pursue a claim is a courageous act. You can find comfort in knowing your attorney will be there to guide you every step of the way, serving as your advocate and fighting tirelessly to protect your interests.
The first step is to schedule a consultation to discuss your case and determine the next steps to take. Gathering evidence will be paramount in supporting and proving your claim.
Evidence can include:
- Incident reports, including police reports
- Medical records
- Proof of physical injuries
- Witness testimonies
- Allegations from other patients and the results of those investigations
Depending on the circumstance of the case, you may be able to seek damages for:
- Psychiatric care
- Medical expenses
- Lost income
- Emotional turmoil
- Pain and suffering
- Post-traumatic stress disorder
- Other out-of-pocket costs
Most sexual abuse claims settle out of the courtroom, but our attorneys are prepared to take your case to trial if necessary.
No amount of financial compensation can make up for the trauma caused by sexual abuse. However, it can help survivors seek the help they need to recover and continue on their journey to healing.
Resources for Survivors of Sexual Abuse by a Dentist
Contact Cohen & Malad, LLP for a Free Consultation
Sexual abuse should never occur in a medical setting. Dentists are supposed to be trusted and responsible legal professionals who uphold the highest standards of ethical conduct. When they fail to conduct themselves professionally, they should be held accountable for their misconduct.
If you or someone you love is a victim of sexual abuse or molestation by a dentist, contact us today. The compassionate attorneys at Cohen & Malad, LLP, can help you seek justice and compensation to pay for the help you need to heal.
