You have the right to receive professional and ethical care from your dental providers, with your health and well-being as their top priority. If a dentist engages in harassment or assault, they must be held accountable, and you deserve full compensation for the harm and trauma they have caused.
How Do Dentist Sexual Assault Claims Work?
Sexual assault by a dentist can include sexual comments or innuendo, touching or exposing sexual parts, any form of penetration, and other actions that make you uncomfortable. There are very specific guidelines and training for how a dental exam, cleaning, or surgery should be done. Unfortunately, some dentists find it easy to abuse their position of power.
Why Dentists Are Held To High Ethical Standards
Many people fear dental procedures. The nature of dentistry creates unequal positions in treatment rooms, so dentists are trained to deal with the challenges of uncomfortable patients, spot signs of sexual abuse, and help survivors through appointments. They should maintain professionalism while respecting patients’ boundaries and maintaining an acceptable standard of care.
Examples Of Dentist Sexual Assault Cases
Different types of sedation are used during routine procedures. These can be as minor as numbing an area to extract a tooth or go as far as putting a patient to sleep for a more invasive process. Sexual misconduct becomes easy under these circumstances.
Attorney Taylor D. Roebig explains, “Dentists can take advantage of a partially or fully sedated patient by groping or fondling sexual parts without consent, coerce sexual acts, or force penetration. They may use normal sedation or swap it for something else while telling the patient it’s the correct medication. Let our legal team bring justice for you against dental professionals who commit sex crimes.”
Some patients have reported receiving inappropriate text messages from dental offices or being pressured into unnecessary return visits. Across the country, dentists have been arrested for sexual crimes against men, women, and minors. In some cases, offenders with prior charges have relocated to different states, opened new practices, and regained access to vulnerable patients.
Statute Of Limitations
The statute of limitations defines how long a victim has to report sexual assault. This will vary by age and situation because if you were a minor at the time of the incident, you’ll usually have longer to report and file a claim. The biggest thing to understand about these statutes is that they’re a ticking clock — opposition to your complaints will do their utmost to put off recognizing the claims as legitimate. The more time you can give your case, the higher your chance of a favorable outcome.
Role Of Dental Licensing Board
Dental boards have a process for filing an official complaint against a dentist who violated their oath. Sexual assault can be a dental malpractice case, which is one vein of personal injury law. The state board is responsible for investigating the claim and taking disciplinary actions, including revocation of licensing.
Unfortunately, dentists can be let off the hook for such charges, which may be listed on the licensing website but be unspecific. That’s why bringing in a dental malpractice lawyer is vital in the pursuit of justice and compensation. Don’t let sexual harassment be downplayed and swept into vaguely worded summaries.
Step-By-Step Guide To Filing A Dentist Sexual Assault Claim
Protect your legal rights after experiencing sexual assault by a dentist by following these essential steps. Any missteps in the process could weaken your claim and affect your ability to hold the responsible party accountable. Partnering with an experienced law firm like Florin|Roebig ensures you have skilled legal guidance and a strong attorney-client relationship to support your case.
Document The Incident
Document everything about the assault, but only when you’ve reached safety. The sooner you get away from your assailant and record the details, the better. You’ll need to mark what, when, and where it happened while the information is fresh. Re-living it can be especially traumatic, and it’s unfortunately a necessary part of building a case against the dentist.
Seek Medical And Psychological Support
Visit a doctor immediately, and see a counselor. In the days, months, and years following the incident, you’ll need support for yourself and possibly your loved ones. Early documentation of your injuries and mental state provides an important timeline for evidence. A doctor can assess even minor injuries, which may be more serious than you realize. Medical records are a key component in sexual assault cases.
Report The Assault To Authorities
Start by filing an official report with law enforcement, as a police report is crucial for initiating an investigation. Law enforcement will conduct interviews and gather evidence needed to pursue criminal charges against the dentist—who will likely hire a criminal defense attorney to evade accountability. Including this police report in your civil case is essential, and your personal injury attorney should thoroughly review it to strengthen your claim.
Contact A Sexual Assault Lawyer
A sexual assault lawyer with years of experience is important in your case outcome. Your chances of winning and compensation increase significantly when you work with a qualified attorney. Even if you decide to DIY your case, legal advice from an experienced attorney can save you a lot of trouble.
File A Civil Suit
Sue in civil court, but know that each district or county has its own rules and deadlines for how to file a civil lawsuit against the dentist. You’ll need to review the laws for your area. Make sure you have all evidence, including witness testimonies, before filing. If you want help to build your case, contact Florin|Roebig.
Prepare For Legal Proceedings: Settling Vs. Going To Trial
Consider the option of settling vs. going to trial. You can expect depositions, which allow attorneys on both sides to interview all parties. Negotiations between legal representatives and insurance companies are also standard.
Florin|Roebig lawyer Taylor D. Roebig explains, “Most cases are resolved outside of court. It’s often the quickest solution for all parties and prevents the need for victims to take the stand, which can be extremely traumatizing. However, going to trial may result in a larger compensation amount and a more public admission from the defendant during court hearings. You should discuss the options with your attorney as they apply to your case.”
What Damages Can Be Claimed In Dentist Sexual Assault Cases?
The compensation in sexual assault cases is identified as damages. These can be compensatory, meaning they pay you for your injuries, including pain and suffering. They can also be punitive, meaning they’re intended to punish the dentist. The damages awarded will be determined during the proceedings.
Compensatory Damages
Compensatory damages include economic damages, which reimburse sexual assault victims directly for their financial costs due to the incident. This includes therapy treatments, lost income, and medical bills.
Emotional Distress And Pain And Suffering
Non-economic damages are also compensatory, but they compensate victims for factors that are harder to put in a box. Pain and suffering, emotional distress, anxiety, and long-term psychological harm are considered part of this category.
Punitive Damages
Punitive damages are intended to deter the dentist and others from doing additional harm to others by sexually violating them. They are awarded on top of any settlement to punish the dentist rather than to compensate the victim.
Financial Compensation For Victims
Any offers should be refused, checks should go uncashed, and you should consult an attorney immediately. If you’re already working with legal representation, this is one of many hassles they can easily handle for you.
Settlement Vs. Awarded Damages
Settlement offers are commonly low at first. When the other party’s representation is unsure of your evidence and hopes to trap you into saving them money and embarrassment, they’ll begin with a ridiculously low offer. Awarded damages are ordered by a judge or jury when your case goes to trial.
Our Featured Case Results
How To Choose A Dentist Sexual Assault Lawyer
Choosing a dentist sexual assault lawyer is a sensitive thing. You want someone who will take care of your case, but working with an aggressive personality may be triggering. The best option will have experience in sexual assault cases and appropriate sensitivity for clients, with strong knowledge of sexual assault, medical malpractice, and dental practice laws. A winning track record on similar cases can seal the deal.
What Makes A Lawyer Stand Out
What makes an attorney the right choice for you may be how an attorney advocates for clients while maintaining professionalism with colleagues. One way to determine if your chosen attorney exhibits these qualities is to seek client testimonials. Ask for these during the initial consultation with any attorney, and consult trustworthy third-party sites.
Florin|Roebig Attorneys
Florin|Roebig sexual assault attorneys are top-rated in Florida, Minnesota, Colorado, and Texas. Our practice began 40 years ago in Florida, and one of our highest-awarded cases was a sexual assault case that won a $47 million settlement. We let clients know where their case stands at all times, and we’re happy to share referrals from previous clients.
Choosing The Right Lawyer For Your Case
Whatever your choice of attorney, make sure it’s someone you can trust to care for your case and your well-being, providing a comfortable setting and informative meetings. You should be on the same page in understanding what you need from the lawsuit.
Practical Advice For After A Dentist Sexual Assault
The levels of traumatization from sexual assault are significant. You may have physical injuries, and you will also experience mental and emotional pain. It matters that you prioritize caring for all of the above as you begin recovering. Medical professionals can treat your injuries and are trained in how best to approach sexual assault victims.
Prioritize Your Health And Safety
Branching out to your support network following an assault is important. Whether it’s friends, family, therapy, or all of the above, connecting with loved ones and mental healthcare providers during this time is vital to your well-being and processing the trauma.
Preserve Evidence
Fight urges to discard or wash away evidence of the assault. Physical evidence is a strong factor in proving your claims against the dentist, so the clothing you wore and your person should be kept as they were and documented by a doctor as soon as possible. Also, keep other medical records associated with your injuries and your time with the dentist. Any communications, such as emails, texts, or voicemails, pictures, and receipts are things to hold onto. All of these help support your case.
Stay Informed
Stay informed about the legalities of your situation. Your rights and the process are codified into publicly available law, but your attorney should also explain these to you. If you choose not to hire an attorney, you’ll want to research to avoid costly mistakes in your case.
FAQs About Dentist Sexual Assault
What if the dentist denies the allegations of sexual assault?
Evidence is your strongest weapon against dentist denials.
Can I file a claim if the dentist has already lost their license?
Yes. Civil court cases are separate from criminal cases and any actions taken by licensing boards.
How long will it take for my case to be resolved?
The complexities of your case determine it. A sexual assault attorney at Florin|Roebig can give you a better idea of the timeline after reviewing the details of your case.
How can I afford a lawyer if I don’t have money for legal fees?
Because sexual assault cases are considered personal injury, most attorneys use a contingency-fee basis for legal costs. This means that they don’t get paid unless they win your case, and when they do, their payment comes out of your settlement instead of your pocket.
Will the dentist’s insurance cover the damages?
Dentists must carry medical malpractice coverage in many states, so their insurance may pay if they have it.
What happens if I experience retaliation for reporting the assault?
Laws are in place to protect victims from retaliation. If the dentist or another entity is retaliating against you for reporting the assault, you should also report that to law enforcement, and tell your lawyer.
How To Get Help From Florin|Roebig Attorneys
Florin|Roebig attorneys have years of experience and a wealth of resources to assist sexual assault victims. Many on our team are board-certified, and each case is treated with a customized approach because no two cases are the same.
How To Contact Florin|Roebig
If you would like a free consultation with an experienced attorney, contact Florin|Roebig or visit our website today for more information.
- Fill out our online form anytime, and we’ll reply promptly.
- Call the phone number for your area 24/7.
- Use our chat feature day or night.
What To Expect During A Consultation
The first meeting is a thorough case evaluation. Our team reviews your evidence and statements, and we often ask questions to clarify our understanding of what’s being presented and what you’re expecting. We use our expertise to guide you through the legal process and ensure you understand each step and what to expect from the next part of the process.
We Are Nationally Awarded Lawyers
Seek The Help You Need After Sexual Assault By A Dentist
If you’ve been the victim of sexual assault by a dentist, you have options for pursuing compensation under legal rights. Hold the perpetrator accountable by filing a sexual assault lawsuit with Florin|Roebig today.
Healthcare providers like dentists should be trusted professionals who respect client wishes and boundaries. Violators of the laws and the trust you give them should be held responsible for their actions.
Contact Florin|Roebig today and take the next step toward justice for sexual assault by a dentist.
