Doctor sexual assault cases are a deep violation of trust and a serious transgression of legal and ethical expectations in the medical profession. Patients anticipate medical care with the promise of confidentiality, compassion, and professionalism—when those promises are violated by misconduct, the results can be destructive. Victims of doctor sexual assault have legal remedy, such as civil lawsuits to hold perpetrators responsible and obtain compensation for injury.
This article examines what constitutes sexual assault in a healthcare facility, the process of law in such cases, and the remedies and rights offered to survivors.
Understanding Doctor Sexual Assault
Sexual assault by a doctor typically involves unwanted sexual contact or behavior during or related to medical treatment. These acts range from inappropriate touching and unnecessary intimate examinations to sexual comments, advances, or even forced acts under the guise of medical care.
Common Examples Include
- Unwarranted genital or breast exams
- Inappropriate comments or sexual advances during appointments
- Performing procedures without informed consent
- Touching a patient in a sexual manner unrelated to the medical complaint
- Asking patients to disrobe unnecessarily
Unlike general assault cases, these offenses often occur behind closed doors, with victims in vulnerable positions—partially clothed, sedated, or trusting the authority of the physician.
Legal Foundations for Filing a Lawsuit
Victims of doctor sexual assault may pursue justice through both criminal proceedings and civil lawsuits. While criminal charges are filed by the state to punish the offender, civil lawsuits are brought by the victim to seek compensation for harm suffered.
Civil Claims May Include
- Sexual battery
- Medical malpractice
- Negligent hiring or supervision (against a hospital or medical group)
- Intentional infliction of emotional distress
- Violation of patient rights or confidentiality
Each claim type serves a specific purpose, and your attorney may recommend filing multiple claims simultaneously depending on the facts of the case.
Establishing Liability in a Doctor Sexual Assault Case
To succeed in a civil lawsuit, the victim (plaintiff) must demonstrate that:
- The assault occurred
- The doctor acted outside the scope of professional conduct
- The patient suffered physical, emotional, or financial harm as a result
In cases involving institutions like hospitals, additional factors are evaluated:
- Was the institution aware of prior complaints?
- Did they fail to properly investigate or supervise the doctor?
- Were background checks and hiring processes adequate?
Hospitals and clinics can be held vicariously liable under certain conditions, especially if they ignored warning signs or allowed known offenders to continue practicing.
Evidence in Doctor Sexual Assault Cases
Gathering evidence is crucial in these types of lawsuits. Because many cases involve the victim’s word against the doctor’s, corroborating information strengthens the claim.
Potential Evidence Includes
- Medical records showing unnecessary or undocumented procedures
- Testimony from other victims or staff
- Emails, texts, or recordings (if available and legally obtained)
- Expert testimony from other healthcare professionals
- Police or internal hospital investigation reports
Victims should also document their emotional and psychological trauma through therapy records and journals, as emotional harm is a major component of damage claims.
Statute of Limitations
The time limit for filing a civil lawsuit—called the statute of limitations—varies by state. In many jurisdictions, it ranges from one to three years from the date of the assault or from the date the victim discovered the harm. Some states extend or pause the deadline (a process called “tolling”) for minors or if the victim was mentally incapacitated.
Because deadlines can be complex and vary, it’s essential to consult a lawyer as early as possible to avoid losing your right to file.
Damages and Compensation
Victims of doctor sexual assault may be entitled to both economic and non-economic damages.
Common Forms of Compensation
- Medical expenses (for physical and psychological care)
- Therapy and counseling costs
- Lost income or reduced earning potential
- Pain and suffering
- Emotional trauma
- Punitive damages (in cases of gross misconduct)
Punitive damages are designed to punish particularly egregious behavior and deter similar misconduct. These are more common in cases where institutions ignored repeated warnings or complaints about the offending physician.
Role of Licensing Boards and Professional Discipline
In addition to criminal and civil penalties, doctors who commit sexual assault can face disciplinary action from their state’s medical licensing board.
Disciplinary Actions Can Include
- License suspension or revocation
- Mandatory counseling or retraining
- Official reprimands and listing on public disciplinary registries
Filing a complaint with the licensing board can initiate investigations, even if a criminal case is not pursued. In some cases, licensing boards are more responsive than employers or hospitals, making this step essential for institutional accountability.
High-Profile Cases and Institutional Accountability
Several high-profile doctor sexual assault cases have shaken the medical and athletic communities, revealing institutional failures in preventing abuse.
For example, the Larry Nassar case—former team doctor for USA Gymnastics—exposed decades of abuse shielded by systemic neglect. More than 300 women came forward with allegations, ultimately leading to hundreds of millions of dollars in settlements and stricter policies in athletic and academic institutions.
Other notable cases have emerged from university hospitals and prestigious medical centers, highlighting the need for better oversight, improved reporting mechanisms, and cultural change.
Steps to Take if You Are a Victim
If you or someone you know has experienced sexual assault by a doctor, consider taking the following steps:
- Ensure Immediate Safety – Leave the situation and go somewhere safe.
- Seek Medical Care – Have a trusted healthcare provider conduct a follow-up exam, preferably someone unaffiliated with the abuser.
- Document the Incident – Write down all details: what happened, when, where, and who was present.
- Preserve Physical Evidence – Keep clothing or communications. Do not wash before a medical exam if assault just occurred.
- Report the Abuse – To local police, a medical board, or the institution where the doctor practices.
Consult an Attorney – Preferably one experienced in sexual abuse or medical malpractice cases.
Choosing the Right Attorney
Not all attorneys are equipped to handle the emotional and legal complexities of doctor sexual assault cases. Look for someone who:
- Has a proven record in medical malpractice or sexual abuse litigation
- Understands trauma-informed practices
- Is comfortable pursuing claims against hospitals and major institutions
- Offers compassionate, confidential, and discreet representation
Most law firms offer free initial consultations and operate on a contingency fee basis, meaning no payment is required unless you win the case.
Advocacy and Support Resources
Legal action is important, but emotional support is equally crucial. Victims can benefit from reaching out to organizations specializing in trauma recovery and abuse advocacy, including:
- RAINN (Rape, Abuse & Incest National Network)
- National Sexual Violence Resource Center
- Local crisis centers and survivor groups
These resources offer 24/7 hotlines, therapy referrals, and survivor-focused support to help victims through the recovery process.
About the Author
Neil Bhartia
Neil Bhartia isn’t your typical, stuffy attorney that you see on TV. While some have their sights exclusively on money and treat their clients like a number, Neil takes a personal interest in every single client he has. As an empath, Neil understands that people that seek legal help are typically in an involuntary, and stressful situation, and he goes out of his way to diffuse the stress and educate clients on each every detail of the legal process.
