Medical Professional Sexual Abuse | Sexual Medical Malpractice
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Legal Representation for Victims of Sexual Medical Malpractice
A 2016 report found that more than 2,400 U.S. doctors have been sanctioned for sexually abusing their patients. A visit to the doctor, dentist, physical therapist or any other capacity you visit a medical professional should always be a safe environment. You are trusting someone with your general physical and mental wellbeing. In any visit to the doctor, you should be able to trust that your medical professional will treat you with respect as they care for your health. A medical professional who compromises the patient-doctor trust through sexual medical malpractice is violating medical ethics and more importantly the law. Reports of sexual abuse or improper conduct should not go unanswered, especially not by the institutions who employ your abuser. If you are a medical professional sexual abuse survivor, contact our firm today to speak with a highly qualified sexual abuse lawyer.
The Carlson Law Firm has more than 40 years of experience holding negligent parties accountable. In addition to our experience, we have a secret weapon against sexual abusers and those who enable them: Todd Kelly. Kelly is an award attorney and partner at The Carlson Law Firm who has taken on some of the toughest civil sexual abuse cases and won. Our team recognizes that young women and girls are especially vulnerable to medical professional sexual abuse. The compassionate Sexual Abuse team will work tirelessly on your behalf to help you reclaim your life. Seeking help from a civil litigator who specializes in helping medical professional sexual abuse survivors is crucial to your recovery. We care. We can help.
What is Medical Professional Sexual Abuse?
Medical professional sexual abuse, sexual medical malpractice, occurs when a medical professional performs undesired sexual behavior against a patient in their care. We have seen examples of such conduct through convicted child molester former USA gymnastics national team doctor Larry Nassar and accused sexual predator George Tyndall former University of Southern California full-time gynecologist. Both men stand accused of abusing their power to perform inappropriate and perverted exams on underage girls and young women for their own sexual gratification.
How does Medical Professional Sexual Abuse Occur?
It is normal for doctors to touch a patient during an exam, but fondling is not normal. Often, because medical professionals are held in high esteem it is difficult for young patients to discern what is normal and what is not. Generally, when your doctor instructs you to do something, you trust that they have your wellbeing in mind. However, it is not unheard of for medical professional to use this trust to manipulate patients for their own sexual pleasure.
In some instances, even after reports of inappropriate sexual behavior, the hospitals, colleges, teams or other institutions that employ your abuser may allow your abuser to retain his or her position. When this occurs, these institutions open themselves up to civil litigation for failure to protect you and your peers.
Because inappropriate, unwanted or coercive sexual advances from a trusted healthcare professional can be violent in nature or manipulative, it can cause you traumatic physical or mental harm. You don’t have to go through it alone. The Carlson Law Firm has a compassionate team of lawyers, nurses, private investigators and legal assistants who are ready to help you through this difficult time in your life. Contact our firm for a free case evaluation with sexual abuse lawyer today.
How can hold my doctor accountable for Sexual Medical Malpractice?
In a system that rarely believes women and tries to protect male abusers, it may be difficult for you to imagine speaking up about your situation. However, you should know that you have options. Survivors of sexual medical malpractice can pursue justice through the civil justice system, criminal courts or file a complaint with the agency that regulates and oversees the licensing of healthcare professionals.
Doctors or other medical professionals do not have the right to use your trust and their position for the sexual gratification.
Common situations that may lead to sexual medical malpractice include:
- Healthcare professionals who develop an unprofessional or open personal friendship with patients that do not center a patient’s care may use this new relationship as a means to flirt, ask personal questions and manipulate a patient.
- Medical professionals who habitually behave inappropriately without being questions are likely to advantage of their position. You may go along with unnecessary exams or prolonged touching without realizing the behavior isn’t normal.
- Displaying ‘grooming’ behavior such as slowly making patients accustomed to increasingly intimate examinations sexual in nature.
- Performed examinations or treatments outside of the norm for the ailment affecting the patient.
- Healthcare professionals who take advantage of unconscious patients or patients who are otherwise unable to give consent.
Unfortunately, many doctors who have been sanctioned for sexually abusing their patients are allowed to keep their licenses. Often, doctors accused of sexual medical malpractice are accused by large numbers of patients. In most cases, the victims are women seen by male doctors. If you or a loved one have been a victim of sexual medical malpractice contact our firm today. We have a sexual abuse lawyer who can help you navigate civil litigation as an option. The institutions and the doctors they employ often have deep pockets to fight claims like yours. Our firm has the resources to stand up for you in a civil court and help you find your voice.
Civil Litigation for Sexual Abuse Survivors
According to the Rape, Abuse, & Incest National Network (RAINN), nearly 54 percent of sexual assaults go unreported to the police. Sexual assault or abuse is one of the most underreported crimes in the United States. Further, of the cases reported to police and make it into the criminal courts, only 3 percent of abusers actually end up in jail.
These low numbers are likely because of the persistent stigma against sexual survivors. Victims often feel shame and embarrassment when they report their sexual assault, abuse or rape. Other times, they feel like they won’t be believed, especially when their abuser is in a respected position, such as a doctor or movie mogul.
However, a sexual abuse lawyer from The Carlson Law Firm believes you. If you believe that you are a survivor of sexual medical malpractice contact our firm today. Medical professional sexual abuse is a violation of your trust. Call us today for a free case evaluation. We can help you get the justice you deserve.
In the news: USC Doctor George Tyndall
The University of Southern California on-campus clinic gynecologist Dr. George Tyndall is accused of molesting and fondling young women who walked into his office for nearly three decades. Complaints came from both patients and nursing staff who accused him of “creepy” behavior. Some of the questionable behaviors included touching women inappropriately during pelvic exams and make sexually suggestive remarks about their bodies.
One woman, now a women’s health nurse practitioner, penned an Op-Ed for the LA Times where she recalled her time in Tyndall’s office 16 years ago. In her story, she recalls Tyndall instructing her to change behind a sheet while he sat in the room. Her Op-Ed recalls Tyndall questioning her about her sex life after causing her pain through inserting his fingers into her vagina.
In the early 2000s, at least three of Tyndall’s patients, students at USC, submitted letters to the clinic’s oversight committee detailing inappropriate touching and remarks. The letters were read aloud during monthly meetings, but Tyndall was never punished or removed from his position.
George Tyndall is also accused of photographing the women’s genitalia from the early 1990s through 2013. After a chaperone alerted then-Executive Director of the USC clinic of the presence of the camera, he ordered the camera removed.
What did the USC do to Protect Students from George Tyndall?
In a word, nothing. In the spring of 2013, eight chaperones reported their concerns about George Tyndall’s behavior to the clinic’s executive director. However, the director made no real effort to protect students from the alleged predator on the campus.
In fact, when Tyndall became aware of the allegations against him, he decided to launch a campaign of his own. Tyndall began handing out letters for students to provide positive feedback. His plan was to sway his bosses into believing that he was well-liked and respected by his patients.
Still, even with his campaign to make himself appear as though USC students respected him, there were several women who refused to make appointments with him despite needing immediate attention.
After nearly three decades of using his position to sexually abuse patients, George Tyndall was offered a settlement to leave USC after a box of the pictures he had taken from years before were found in his office. It was only after the box was found and a nurse reporting Tyndall to the university’s rape crisis center that the university decided to act.
What is Normal Behavior from a Doctor During an Exam?
As laid out above, the actions of doctors like George Tyndall and Larry Nassar are not normal. When you see a medical professional for a pelvic, vaginal, breast, rectal or teste exam it is OK to ask for a one that is the same sex as you. Additionally, you should expect:
An examiner to:
- Explain each part of the exam to you before and while it is happening.
- Use gloves.
- Encourage you to tell them if something feels wrong or uncomfortable.
- Only ask you to undress parts of your body necessary for examination.
An examiner should not:
- Refuse to answer your questions or tell you to be quiet.
- Examine private parts without gloves.
- Refuse to tell you what they are doing or why they are doing it.
- Decline to have another person in the room during the exam.
- Insist that you undress parts of your body they are not examining.
- Ask you questions about your sexual activity that makes you uncomfortable.
If you are unsure of whether or not your medical professional behaved professionally, contact a sexual abuse lawyer today.
What are my Rights During an Exam?
During an exam, procedure or treatment you have certain rights. If at any point you feel uncomfortable, you should always feel empowered to end the exam at any time. Once you let the healthcare professional performing the exam know that you are uncomfortable, they should stop right away. Additional rights you have:
- Asking to have someone in the room. If you want someone else in the exam room with you, you are entitled to it. You may have a nurse, friend, or family member in the room with you.
- Expecting privacy. If you need to undress for the exam, you should have the privacy to do so. Doctors and nurses should not be in the room while you change before or after the exam. Healthcare professionals should conduct exams private rooms or rooms with a curtain draw.
- Undressing to your comfort. You should only need to undress the parts of your body that are necessary for the examination. And you shouldn’t need to stay undressed for long before or after the exam.
- Asking for an examiner of your sex. It is OK to ask for a healthcare professional who is the same sex as you.
- Getting answers to your questions. If you ask the medical professional what they’re doing and why, they should answer you truthfully and right away.
- Respect for your religion. You should be able to wear religious jewelry or garments—unless they stop you from receiving care.
If a doctor denies you comfort during your exam, contact our firm to speak with a sexual abuse lawyer. We can investigate your medical professional’s background and see if other victims have alleged sexual medical malpractice. We take medical professional sexual abuse claims seriously and will immediately begin investigating your case after your initial evaluation.
Third Party Negligence
In some cases, you will be able to hold the doctor’s employer responsible for its negligence with regard to an employee. For example, patients who were inappropriately fondled or otherwise sexually abused by the USC gynecologist Dr. George Tyndall should be able to hold the university accountable for its failure to act. In most cases, it is essential that employer knew about the medical health professional’s conduct, but failed to act. A sexual abuse lawyer can help you prove the medical facility failed to properly supervise its employee which led to your harm.
Further, you can hold a facility responsible when it negligently:
- Hired the perpetrator without doing an adequate background check.
- Supervised its employees.
- Retained an employee after potential predatory signs.
- Trains its employees on how to watch out for signs of potential sexual assault.
- Enforces guidelines on how to prevent sexual assault.
- Fails to supply the necessary security to protect its employees and customers.
- Fails to investigate complaints of an alleged sexual assault.
At The Carlson Law Firm, we will investigate all of the details surrounding your medical professional sexual abuse case and help you fight for the proper compensation. If aggravated factors existed—such as the threat of violence, injury, kidnapping, brandishing or use of a deadly weapon, or an administered substance—we will make sure you receive every penny for the suffering and duress you endured.
A Sexual Abuse Lawyer from the Carlson Law Firm Can Get You Justice in Civil Courts
Civil courts do not need to prove innocence or guilt in a sexual medical malpractice lawsuit. Instead, a civil court determines the liability of an offender or a third party in the damages or injuries sustained in the crime. Civil court findings liability usually result in an offender or negligible third-party paying a survivor monetary damages. A civil claim can help you with the financial resources you need to rebuild your life.
By hiring our firm to represent you in civil litigation in a sexual medical malpractice lawsuit, you will gain access to L. Todd Kelly, a Board-Certified Partner at The Carlson Law Firm. Kelly and his dedicated team of professionals can answer your questions and help you decide if civil litigation is the right step for you. Additionally, our firm has the resources and knowledge and to handle medical professional sexual abuse cases. Kelly has helped clients recover millions of dollars from perpetrators and negligent organizations and businesses. Further, his team has a proven track record of fighting against large corporations on behalf of people injured by their actions.
An inaugural inductee into the Texas Lawyer Hall of Fame (for his representation of a sexual assault victim), Kelly has appeared on numerous national news media on behalf of sexual abuse victims nationwide and abroad. Moreover, Kelly is a dedicated advocate for abuse victims. He leads a team of professionals intent on making those responsible for the victimization of others to pay for their actions the way he best knows how: by exercising the rights guaranteed by the 7th Amendment to the U.S. Constitution in our system of civil courts.
Highlights of Sexual Abuse cases handled by Sexual Abuse Lawyer Todd Kelly
You will not pay for an initial consultation with Kelly or his team, and will only pay if he successfully resolves your case. Kelly is the sexual abuse lawyer you want on your team when you go up against the large institutions who let you abuse occur. The Kelly team has successfully represented sexual abuse survivors:
- Successfully represented two women who were sexually abused by their psychiatrist.
- Represented Jamie Leigh Jones in her rape case against Halliburton/KBR
- Changed federal law related to arbitration for military contractors
- Featured on 20/20; Rachel Maddow; and others
- Featured in “Hot Coffee: The Movie”
- Presented to Congressman Ted Poe, who then authored “The Prisoner of Baghdad”
- Presented to Senator Al Franken who then passed the “Jamie Leigh Jones Amendment” – led to a segment by Jon Stewart on The Daily Show
- Successfully represented several other sexual assault victims against Halliburton/KBR
- Inducted into the Texas Lawyer Hall of Fame in 2013 for successfully representing an autistic girl raped by a daycare worker in Galveston County Texas. Resulted in an 8-figure verdict.
- Successfully represented a girl sexually assaulted in a hotel room by a fellow Army reservist.
- Successfully represented a 19-year-old girl who was given a sexually transmitted disease by the owner of a nationally known restaurant chain.
- Presented to AAJ and several colleges on the issues of arbitration related to sexual assault in the workplace.
- Currently representing victims of clergy sexual abuse against the clergyman and the church which subjected these women to him.
- Presently suing a business and individuals, including national hotel chains, related to sexual abuse and rape on premises.
- Currently suing two separate doctors for sexually assaulting their patients.
- Suing school districts for sexual assaults on students.
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Contact The Carlson Law Firm today for a free case evaluation with sexual abuse lawyer.