Doctors in California have a legal and ethical duty to treat their patients with respect. If you were sexually abused by a physician in San Francisco, you have every right to pursue legal action. Not only is this an example of medical malpractice, but it is also against the law. Patients who have been sexually abused by healthcare providers have successfully sued in the past, and you can do the same. The most important thing to remember if you find yourself in this situation is simple: You are not alone, and an experienced sexual abuse lawyer in San Francisco can guide you toward justice.
What are California’s Sexual Abuse Laws Regarding Doctors?
Like many States, California holds doctors to a higher standard when it comes to sexual abuse. Doctors face more serious penalties than average abusers because of their position of trust and power over their patients. If they abuse this trust, doctors could face various consequences. Perhaps most notably, doctors who are convicted of sexual abuse often lose their licenses. This ensures that they will never again abuse their power and manipulate their patients. This is just one reason to continue with legal action against a doctor, as your lawsuit could save future patients from being abused in the same way.
What are Some Examples of Sexual Abuse by a Doctor?
Doctors are generally prohibited from forming relationships with their patients, even if these relationships are consensual. This is considered a breach of medical and professional ethics, which can be grounds for serious penalties and license revocation.
That being said, the most egregious forms of sexual abuse by a doctor often masquerade as a legitimate treatment. A doctor may inform a patient that what they are doing is normal when, in reality, there is no medical reason to engage in that particular sexual behavior.
According to the California Department of Consumer Affairs, there are various examples of sexual abuse by a doctor:
- Unwanted physical contact
- Sexual texting or “sexting”
- Giving the patient drugs before sexual abuse
- Telling sexual jokes
- Dating
Often, doctors give patients medication that makes them less able to resist sexual advances.
Can I Get Compensation for Sexual Abuse by a Doctor?
It is possible to pursue compensation for everything you have been forced to endure. You can sue the doctor directly, and you can also sue the healthcare facility that employs them. Often, these defendants are more than capable of paying out significant sums. They may agree to provide you with a financial settlement in order to avoid the embarrassment and stress of a trial. Many survivors of sexual abuse feel the same way, and avoiding a public trial may be in everyone’s best interests.
Of course, you are also within your rights to pursue a trial – and this process may provide a sense of justice and closure. You may want the public to know about what you have experienced, and you may want to hold the healthcare providers accountable in public. In addition, a trial may be the only option if the defendants refuse to negotiate or offer you a fair settlement.
In order to pursue compensation for sexual abuse committed by a doctor, you must establish your damages. In the legal world, your damages represent your losses; these losses can be both psychological and financial in nature.
Examples of non-economic (psychological) damages include:
- Humiliation
- Post-traumatic stress disorder (PTSD)
- Emotional distress
- Mental anguish
- Pain & suffering
- Depression
- Anxiety
Examples of economic (financial) damage include:
- Medical expenses (including mental health treatment)
- Lost income
Note that you may suffer legitimate physical injuries in addition to your mental health issues after this type of abuse. You may develop various illnesses as a result of sexual contact. Doctors may also become liable for legitimate injuries or diseases that they failed to treat because they were distracted by their crimes.
How Can a Sexual Abuse Lawyer in San Francisco Help?
A sexual abuse lawyer in San Francisco can help in numerous ways. During an initial consultation, you can discuss your specific situation with your lawyer and determine your next move. Rest assured that everything you say during your consultation is completely confidential – and your lawyer risks losing their license if they breach their attorney-client privilege. Mary Alexander & Associates understands how daunting this situation can be, and we can help you move forward with dignity and efficiency. Reach out today to continue this conversation alongside our experienced sexual abuse lawyers.
