Wed. Jul 17th, 2024

We have faith that doctors and other healthcare providers treat us with competence and respect. Rarely, a medical professional violates the trust placed in them by behaving carelessly or inappropriately.

Sexual misconduct takes place when doctors or other healthcare providers use their position of authority to initiate unwanted and/or inappropriate sexual activity or statements. Medical malpractice includes sexual misbehavior.

Patients who have experienced sexual misconduct by a medical provider possess the right to hold that person accountable. You will learn whether you should submit a medical malpractice claim and how to accomplish it in this guide.

What is Medical Malpractice?

Medical malpractice happens when a healthcare practitioner or provider 

  • fails to offer a patient the proper care
  • fails to take the proper action
  • gives a patient subpar care that results in harm, injury, or death.

A variety of factors need to be present for medical malpractice to be taken into account. They consist of:

  • Not meeting a high standard of care
  • An injury that results from negligence
  • The injury must have damaging repercussions

How to Deal with a Medical Malpractice Person Who is Involved in a Sexual Abuse Case?

Medical malpractice or abuse laws apply to allegations of sexual misconduct against doctors or other healthcare professionals. A doctor must have fallen short of the level of care that a reasonably sensible practitioner would have provided under the same or similar circumstances. This is for a medical malpractice claim to be valid.

You should file a medical abuse lawsuit so that the doctor can be held accountable for their acts. A medical malpractice claim  helps you get a settlement for medical malpractice when the healthcare professional you trusted performs outside the standard of care.

All parties who might be responsible for damages can be identified by a medical malpractice lawyer. While the hospital or medical practice where the doctors work may also be the target of a complaint, the claim may be made against the doctor who engaged in the wrongdoing.

This is particularly true when there have been prior complaints made against the doctor. It may be possible to hold a hospital or medical practice accountable for damages. That is if it can be demonstrated that they were aware that the doctor they hired had a history of sexual abuse complaints against them but did nothing to protect their patients.

What is Sexual Misconduct Under Medical Malpractice?

Sexual misconduct in the case of medical malpractice refers to any non-consensual sexual interaction between a doctor and a patient they are treating.

Sexual misconduct can encompass a wide variety of behaviors, including:

  • Sexual comments
  • Asking questions about a patient’s sexual past that are irrelevant
  • Unnecessary physical exams
  • Touching sensitive areas or touching an area of the body that is not related to the medical exam
  • Mocking a patient’s sexual orientation

What Damages Can Be Retrieved in a Case of Sexual Abuse?

The amount for settlement of medical malpractice, like with other medical malpractice lawsuits, can range widely from a few thousand dollars to millions of dollars. Only a medical malpractice lawyer can estimate the potential value of your case because every case is different. In cases involving medical malpractice, financial and non-financial damages are given.

Economic damages are those brought on by negligence that can be simply totaled up, like lost income and medical expenses. Intangible losses like pain and suffering, loss of companionship, and loss of enjoyment of life are considered non-economic damages. These losses are computed using a “per diem” rate or some other system.

Compensation for damages is recoverable in medical malpractice or abuse lawsuits. These aim to help the victim recover:

  • Medical bills which include the costs of caring for and treating emotional and mental trauma
  • Lost income during the recovery process
  • Lost ability to earn due to the assault
  • Physical pain
  • Mental pain and sorrow
  • Loss of life’s benefits
  • Other financial losses associated with the assault

How Long Do I Have to File a Claim of Sexual Misconduct?

The statute of limitations for claims of sexual assault against doctors varies greatly between states. The majority distinguishes between sexually assaulted youngsters and adults. Minor children generally have far more time to file a lawsuit. 

Adults in California usually have two years from the assault’s date to launch a civil case. The doctor’s later conviction for a felony sex crime would be the lone exception to this rule. This allows for the filing of a lawsuit within one year after the judgment’s date.

Victims of medical malpractice often have different thoughts running in their head such as:

  • Is Medical malpractice a crime?
  • Can a medical malpractice person be held criminally liable?

There are answers to these questions below.

  1. Is Medical Malpractice a Crime?

Victims of medical negligence may suffer serious repercussions. It might even be fatal at times. Victims and their families are left in a state of rage and helplessness, wondering how to bring offenders to justice.

Medical malpractice, by definition, happens when a medical professional’s negligence causes harm to a patient or deteriorates their health. Although treating a patient carelessly is improper, it is not necessarily a criminal offense.

A civil case involves medical misconduct. It can be started by the victim only if they want to. In some circumstances, the person who committed medical malpractice may also be charged with criminal negligence if there was really serious misbehavior.

  1. Can a Medical Malpractice Person be Held Criminally Liable?

A person who commits medical misconduct may face criminal charges. The majority of malpractice situations don’t warrant filing criminal charges. Doctors may be held criminally accountable for their actions. That is if their professional care goes beyond the bounds of carelessness and reaches recklessness or deliberate misconduct.

The state must show that the doctor’s actions were very outrageous to support a criminal prosecution. The criminal burden of proof for the claim must be met by them.

Conclusion

Some medical malpractice victims may decide not to file a malpractice claim but that should not be the case for you. However, the occurrence of medical malpractice is rare. If you have experienced medical negligence, you should hire a skilled attorney to fight for justice on your behalf. You can get a proper settlement for medical malpractice. 

With the help of a medical malpractice claim lawyer, it is not unusual to secure payment from the insurance provider that is five to 10 times greater. It will be best to give one of your state’s top medical malpractice attorneys a call. The majority of attorneys won’t start charging you until they obtain compensatory damages.

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