Doctor sexual assault is a grave violation that affects many patients across the United States. Survivors can experience lasting emotional and physical scars that can greatly disrupt their day-to-day lives. However, sexual abuse lawsuits provide a means for survivors to seek justice and hold these perpetrators accountable.
In these cases, survivors must prove that the at-fault party is liable for the assault. Liability for doctor sexual abuse can extend beyond the perpetrator themselves to other staff, medical boards, and even the facility itself.
Who Can File a Doctor Sexual Assault Lawsuit?
Any patient who has experienced sexual assault or abuse by a medical professional has the right to file a lawsuit. This includes individuals who were minors at the time of the incident, as well as adults who may have been incapacitated or unable to consent due to their medical condition. In some cases, family members or legal guardians may file on behalf of a victim who is unable to do so themselves.
Potential Liable Parties in Doctor Sexual Assault Cases
If you plan on filing a doctor sexual assault lawsuit, it is important to establish who is liable for the incident. By identifying the liable party or parties, you can identify your optimal path to maximum compensation.
Multiple parties may bear responsibility for the abuse or for failing to prevent it, such as:
- The Offending Doctor: The primary perpetrator bears direct responsibility for their actions and can face both criminal charges and civil liability.
- Medical Facilities: Hospitals, clinics, or private practices may be held liable if they fail to properly screen, supervise, or respond to complaints about the doctor. Medical facilities are also liable for the actions of their employees.
- Medical Boards and Licensing Agencies: These entities could be liable if they neglect to investigate complaints or take appropriate action against a doctor with a history of sexual misconduct.
- Other Medical Staff: Nurses, administrators, or other doctors who were aware of the abuse but failed to report it may also share liability.
Proving Liability in a Medical Sexual Assault Case
Establishing liability in a medical sexual assault case requires demonstrating that the defendant or defendants failed to meet their duty of care, resulting in harm to the patient. To prove liability, you must establish the following four elements of negligence:
- Duty of Care: The defendant had a legal obligation to protect the patient’s well-being and safety.
- Breach of Duty: The defendant failed to fulfill their duty of care in some way.
- Causation: The defendant’s breach of duty directly led to the sexual assault or created conditions that allowed it to occur.
- Damages: You suffered measurable harm, whether physical, emotional, or financial, as a result of the assault.
Proving these elements often requires expert testimony, thorough investigation, and skilled legal representation. An experienced doctor sexual abuse lawyer can help you gather the necessary evidence and build a compelling case to establish liability.
Seek Justice: Consult with Estey & Bomberger, LLP Today
If you have survived sexual assault by a medical professional, you are not alone, and you have the right to seek justice. The lawyers at Estey & Bomberger, LLP advocate for the rights of survivors and can help you hold the perpetrator accountable.
Our sexual abuse lawsuit attorneys will leverage everything in their power to fight for you. Contact us at (800) 260-7197 for a free, confidential consultation and learn how we can guide you through the legal process.