Is Sexual Misconduct by a Medical Professional Malpractice?

Healthcare providers commit sexual misconduct when they make unwelcome and/or inappropriate sexual contact or sexual comments with a patient. Sexual misconduct is a type of medical malpractice. Victims should contact a skilled medical malpractice attorney now to receive fair compensation for their injuries.

When is Sexual Misconduct Malpractice?

In order to prevail on a medical malpractice claim, you must show that a doctor failed to meet the standard of care that a reasonably prudent doctor would have provided under the same or similar circumstances. Courts generally interpret any act of sexual misconduct as an intentional violation of the standard of care. This means that any instance of sexual misconduct will typically lead to a legitimate claim of malpractice.

Note that there are numerous acts a medical provider can take that constitute sexual misconduct. Some examples include:

  • Making comments of a sexual nature,
  • Performing unnecessary physical exams,
  • Criticizing a patient’s sexual orientation or sexual history,
  • Touching a patient inappropriately, and
  • Asking inappropriate questions.

Who is Liable in Sexual Misconduct Cases?

In the context of an act of sexual misconduct, you can typically file a medical malpractice claim against the health provider that committed the misconduct. You can also attempt to bring a claim against the hospital or practice where the provider worked. For example, consider the scenario where a doctor has a history of committing sexual misconduct against patients. If you can prove that the practice where the doctor worked knew of this history and did nothing abut it, you could likely hold the practice liable as well.

What Can You Recover?

If you can successfully prove that you were injured because of a doctor’s sexual misconduct, you will likely receive compensation for your injuries. While the specific amount of compensation will depend on the facts of your case, you are generally entitled to both:

  • Economic damages, and
  • Noneconomic damages.

Economic damages include payment for such things as:

  • Lost wages,
  • Future lost earning capacity,
  • Medical expenses, and
  • Out-of-pocket expenses.

Noneconomic damages include payment for such things as:

  • Pain and suffering,
  • Loss of enjoyment of life, and
  • Loss of consortium.

Contact Otorowski Morrow & Golden, PLLC

Please know that our firm is here to help if you were injured due to a medical provider’s malpractice. Otorowski Morrow & Golden, PLLC provides free consultations to all our potential clients. The attorneys at our law firm also have over 120 years of combined experience representing injured parties in medical malpractice cases. They never back down to insurers and fight for their clients’ interests every step of the way. Do yourself a favor and contact them now for the quality legal representation you deserve.

Privacy Policy