When a medical professional commits sexual abuse, survivors not only have the right to press criminal charges, but they can also file a lawsuit against the perpetrator. A doctor sexual abuse lawsuit not only holds the perpetrator accountable but also provides a path for survivors to seek the resources needed for healing. The value of these settlements can vary depending on the impact of the abuse on the survivor’s life.
Types of Damages in Medical Sexual Abuse Lawsuits
In a doctor sexual abuse lawsuit, damages are designed to address the full spectrum of harm caused by the abuse and provide compensation to support recovery. Generally, survivors can recover compensation for:
- Medical Expenses: This category covers all costs related to physical and mental health treatment resulting from the abuse, including hospital stays, doctor visits, medications, and therapy sessions.
- Mental Health Support: Given the profound psychological impact of sexual abuse, this encompasses long-term counseling, psychiatric care, and other mental health services necessary for healing.
- Lost Wages and Future Earnings: If the abuse has affected the victim’s ability to work, either temporarily or permanently, compensation may be sought for lost income and diminished earning capacity.
- Pain and Suffering: Also known as non-economic damages, pain and suffering addresses the physical pain and emotional distress experienced by the survivor, such as depression, anxiety, permanent disability, and post-traumatic stress disorder (PTSD).
Calculating Economic Damages in Sexual Abuse Cases
Economic damages are based on actual expenses incurred and projected future costs related to the abuse, such as medical care and lost wages. They are typically more straightforward to calculate as they involve tangible costs and losses.
Factors that can influence the value of economic damages may include:
- The severity of physical and mental injuries
- The need for ongoing medical treatment
- The impact on the survivor’s career trajectory
The calculation may be higher if the abuse resulted in long-term disabilities or if it significantly disrupted the victim’s education or professional development. Conversely, the amount might be lower if the physical injuries were less severe or if the impact on employment was minimal.
Calculating Pain and Suffering After Doctor Sexual Abuse
Pain and suffering damages are more challenging to quantify as they deal with subjective experiences. However, they often form a significant portion of the compensation in sexual abuse cases.
Two common methods used to calculate pain and suffering are the per diem method and the multiplier method.
- The per diem method assigns a daily rate to the victim’s suffering and multiplies it by the number of days they are unable to work due to the abuse.
- The multiplier method takes the total economic damages and multiplies them by a factor (typically between 1.5 and 5) based on the severity of the suffering.
The choice of method and the final amount awarded can vary based on the circumstances of each case. An experienced attorney can help fight for a pain and suffering award that accurately reflects the impact of this violence on the survivor’s life.
Recover the Compensation You Deserve with an Attorney on Your Side
Determining the value of a doctor sexual abuse case requires careful consideration of numerous factors. Estey & Bomberger, LLP has extensive experience in sexual abuse litigation and can help you fight for the full and fair compensation that you deserve.
We are committed to pursuing the settlement that you need to regain control of your life. Contact us at (800) 260-7197 and learn how our team of attorneys will fight for you.