A passing comment, a medical professional brushing against you during an exam, a procedure that exposes sexual parts but has little explanation — there are so many opportunities for sexual harassment during treatment.
At first, you may only know that you felt uncomfortable. Or, there could be more obvious signs of inappropriate behavior or sexual assault. It can be difficult to recognize if you were violated while under anesthesia or recovering from it, especially if you’re uncertain about the experience.
How Do Surgeon Sexual Assault Claims Work?
Surgeons perform medical miracles daily and are often placed on a pedestal for their accomplishments. Unfortunately, having this position creates a power imbalance that some doctors use to commit sex crimes.
Florin|Roebig attorney Taylor D. Roebig asks, “What happens when surgeons use their power and influence to undermine their oaths and training? Being a patient places you in a vulnerable place. You may desperately need care for improved quality of life or a lifesaving operation to lengthen your days and find in recovery that you’ve been a victim of physician sexual abuse.”
Statistically, women who have experienced sexual abuse are more likely to see a doctor for conditions requiring ongoing care and a greater number of surgical procedures. Male patients can be sexually abused as well, and some sexually abusive doctors are female. Some surgeons, nurses, anesthesiologists, and other healthcare providers involved in surgery have abused their power under the cover of treating patients.
It’s vital to report any suspected or confirmed sexual assault as soon as possible because each state imposes a statute of limitations on claims and lawsuits. This specifies how long you have to file a claim or lawsuit against the surgeon who wronged you. The sooner you file, the better because it restricts the surgeon’s legal team on delay tactics, and yours has more time to rebut their tricks.
Sexual assault by a surgeon can look like:
- Jokes or comments of a sexual nature
- Touching you with their genitalia
- Touching your genitalia under the guise of an exam
- Exposing your or their sexual parts
- Forcing or coercing sexual acts
The Role Of Medical Boards And Licensing Agencies In Doctor Sexual Assault
Becoming a doctor is a challenging journey, and many who begin the process do not complete it. Surgeons often select a specific specialty, which can extend their training even further. Due to the shortage of doctors and surgeons in the U.S. and the rigorous nature of their training, medical boards may be reluctant to discipline a successful practitioner for cases of sexual misconduct.
Medical boards have the power to reprimand surgeons, restrict their practice, or even revoke their licenses. However, in many cases, disciplinary actions result in little more than a vague note in a file, with minimal consequences. Even if a complaint appears on the board’s website, the details may be unclear or difficult to interpret, leaving patients in the dark about a surgeon’s past misconduct.
This system often prioritizes protecting the surgeon over safeguarding victims of sexual abuse. Holding them accountable starts with taking legal action. A free consultation with an experienced sexual abuse attorney can help you understand your rights and options. With a deep understanding of these cases, a skilled lawyer can fight for justice and secure the best possible outcome for survivors.
Step-By-Step Guide To Filing A Surgeon Sexual Assault Claim
Taking legal action in a sexual abuse lawsuit may begin sooner than you think. If you or a family member are assaulted, speak to a law firm for a free case review as soon as possible and follow the steps outlined below.
Document The Incident
Gather any evidence you have to support your claim. Write down every detail you remember, even if it seems unimportant. Include the date and location of the assault, anything that was said, and what happened. Make copies of medical records, videos, and photos related to the incident.
Seek Immediate Medical Attention
It can be difficult to trust another doctor, but it’s essential to have a record of your injuries and any evidence of the assault. Avoid washing yourself or your clothing to preserve any evidence that may have transferred during the incident.
Report The Assault To Authorities
Go to the nearest law enforcement office (if no officers were called to the hospital) and report the incident. Law enforcement will investigate and determine whether to press criminal charges. If prosecuted, the surgeon will face professional consequences and possibly prison time.
Contact An Experienced Sexual Assault Lawyer To File A Civil Lawsuit
If you don’t already have legal representation, reach out to a qualified sexual assault attorney like the ones at Florin|Roebig. They will help you file a claim against your assailant in civil proceedings. Surgeons carry insurance for these types of claims, as do most of the hospitals where they have privileges. Their representatives will try to bully you out of continuing or offer a low payout to avoid a big lawsuit, which is why you need an attorney on your side.
Prepare For Legal Proceedings
Before you can file, you’ll need all evidence, which includes medical records and testimony from witnesses and experts. Once all parties have reviewed all documentation, negotiations commence. If an agreeable resolution is unattainable, then the case may go to trial, but approximately 95% of these cases are settled before they get to a courtroom.
Settling Vs. Going To Trial
Going to trial usually lengthens proceedings, which can be hard on the front end but may get you higher compensation. Settling outside of court can result in less of a payment, but the process may go a little faster and reduce your exposure to the court while repeating your story.
What Damages Can Be Claimed In Surgeon Sexual Assault Cases?
Criminal cases can provide justice to victims of a surgeon’s sexual assault, but they don’t pay medical bills or reimburse for trauma. That’s where personal injury claims come in. Using a civil suit against the surgeon for their negligent behavior gives you a chance to be financially compensated for all you’ve faced.
The types of damages a surgeon may be required to pay can include:
- Compensatory damages like coverage for medical bills, therapy costs, lost wages, loss of future earnings, and the cost of ongoing care, which are economic damages with a specified number based on receipts and calculations that include increases in cost of living for future care and expenses.
- Pain and suffering-related damages are non-economic damages because they don’t have an exact dollar counterpart. They’re calculated using formulas to assess what you’ve endured and the long-term costs. These damages cover pain and suffering, emotional distress, anxiety, and post-traumatic stress disorder (PTSD). A significant other can also file loss of consortium when trauma from the assault interferes with what should be a normal relationship.
- Punitive damages are awarded to the the claimant, but they’re not reimbursement. Unlike the other types of damages, these are punishments for the surgeon who has committed acts of reckless behavior or gross negligence. Though uncommon, they can be awarded by the judge or jury.
Financial Compensation For Victims
If you have concerns about pursuing damages, know that you have a right to receive a settlement. Survivors of sexual abuse often experience unexpected costs that highlight the assault’s impact. You may lose your job, take additional days off work, have extra medical expenses, and struggle to perform daily tasks. Seeking financial compensation to help you cope for as long as it’s needed is restitution for what was done.
Settlement Negotiations
When civil claims are filed, it’s a starting point for negotiations. The surgeon’s insurance company and legal team will try to deny payment or use a toolbox of other tactics to postpone resolution. Your sexual abuse attorney will counter these moves and present evidence proving the surgeon’s responsibility for unwanted sexual contact. The outcome depends on the strength of your case and your attorney’s strategy.
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How To Choose A Surgeon Sexual Assault Lawyer
Most survivors of sexual assault are women, and most perpetrators are men. Many are uncomfortable working with an attorney who shares the same gender as their assailant, and a good surgeon sexual assault lawyer will be sensitive to that. They’ll know to treat clients with respect and in a dignified manner that allows them space as needed and asks questions to check in on what’s okay at any given moment.
Attorney Taylor D. Roebig advises, “Look for a proven track record and a history of winning similar cases. No two cases are alike, but a lack of experience or winning results in sexual assault cases should be a red flag. Because the perpetrator of the assault is a surgeon, your chosen attorney should have equal success in medical malpractice cases. Be wary of an attorney advertising fast results or other quick fixes — the result is often shortchanging the process and a fair settlement.”
Florin|Roebig Attorneys: Choosing The Right Lawyer For Your Case
The chances of winning a case increase with each qualification you can check off the list, and Florin|Roebig exceeds in every category. Our track record began decades ago, and some of our highest-awarded cases have been sexual assault and other types of personal injury.
Practical Advice After Experiencing Sexual Assault During Surgery
The life that follows sexual assault isn’t the one you had before. You went to someone for care, and the trust you placed in them was vandalized. Feelings of guilt and shame are common, as are increases in depressed and anxious states. The most important priority you should have is caring for yourself.
Take Care Of Your Health
A surgeon sexual assault makes it doubly hard to trust another medical professional, but you should try to work through the trauma with counseling sessions. If you have injuries that require treatment, you’ll need a doctor. As hard as it may be, these appointments will be one vital part of your recovery.
Support Networks
To help you heal, you should also spend time with loved ones and seek out a support group. Time with friends and family who can go at your pace is its own medicine. Meeting regularly with others who have faced similar challenges will help you feel less alone. When you do need to see a medical professional, bring someone from your support network to advocate and witness your treatment.
Preserve Evidence
Maintain records of your recovery, evidence from the assault (clothes, photos, medical records), and communications related to your appointments and assault. These can mean the difference between a win and a loss, and they’ll be an important part of the initial case evaluation.
Stay Informed
Ask questions of your attorney about what to expect, how to help your case, and where they are in the process. Knowledge is power, and one way to offset the trauma of feeling powerless is to educate yourself about how you’re fighting against the surgeon. A good doctor sexual abuse lawyer shouldn’t mind keeping you in the loop.
FAQs About Surgeon Sexual Assault
What if I don’t have physical proof of the assault?
It may be possible to secure physical proof through other means using a law office investigator, but a lack of physical evidence is challenging. Speak to an attorney to find out if you have other options and what steps to take.
Can I file a claim if the surgeon is already facing criminal charges for the same incident?
Yes. Criminal charges aren’t the same as civil ones. Filing a claim for personal injury is a civil case. The surgeon will be penalized financially rather than through other methods if you win your case against them.
How long does a sexual assault claim against a surgeon typically take to resolve?
There are too many factors to set a specific timeline. Consult Florin|Roebig’s board-certified lawyers to understand how long your claim may take.
How much will it cost to hire a lawyer for a surgeon sexual assault case?
It varies, but the contingency fee basis used by most personal injury lawyers is 15-40% of your settlement award rather than upfront costs or ongoing payments.
What happens if the surgeon has no insurance to cover the lawsuit?
There are other options. Most hospitals carry coverage for surgeons operating on their grounds, and the surgeon’s practice may also bear responsibility for the assault. Additional damages can be required to be paid out of the surgeon’s assets.
What if the surgeon denies the allegations, and there are no other witnesses?
The best defense is a good offense. The first thing most surgeons guilty of assault will do is try to move the heat off of them by attempting to make their accuser look like a liar. The goal is to present evidence that proves they’re guilty. Denial loses when proof exists in legal scenarios.
Can I file a lawsuit if the assault occurred during a routine consultation and not during surgery?
Yes, because sexual assault in any context of treatment by the surgeon is still sexual assault by the surgeon. The focus is that the incident occurred and shouldn’t have. The where and when are details to support the case but aren’t all the evidence against them.
How To Get Help From Florin|Roebig Attorneys
Florin|Roebig has the answers to all of your questions about sexual assault by a surgeon. We’ve been making predators answer for their actions for a very long time, and our track record is excellent. We advocate for our clients and connect them with resources to help in the difficult times following sexual assault.
Reach out today for a completely confidential consultation at no charge.
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Seek The Help You Need After Sexual Assault By A Surgeon
You deserve justice, peace of mind, and knowing that your family’s needs are taken care of following traumatic experiences. Let us help you work through the challenges you face daily because a surgeon decided to use their power for evil.
Contact Florin|Roebig today by visiting our website. You can speak with us immediately using the chat feature or via phone. You’ll also find our office locations listed, and we’ve provided a fillable form that can be submitted if you prefer we return your query at your convenience.
