When we visit the hospital, we expect that we’re entering a safe place for healing, counseling, and finding recovery from our various ailments. But sometimes, a doctor, a nurse, or some other medical professional can end up being the cause for further harm, whether by careless negligence or by intentional action. When this happens, there may be a case for medical malpractice where the patient becomes eligible for compensation. One form of medical malpractice is sexual misconduct.
What Constitutes Sexual Misconduct?
Sexual misconduct involves a doctor or another healthcare professional using their position to make inappropriate, non-consensual sexual advances, such as making sexual comments or making unwanted sexual contact, with their patients or others. When this occurs, the victim may have a case to sue for medical malpractice. Here are some instances of medical malpractice and sexual misconduct:
- Making physical exams that are not necessary. This also includes physical exams that are performed in any irregular and sexual manner.
- Related to the first one, any inappropriate kind of touching of the patient, on any part of their body that has nothing to do with a medical examination.
- The making of sexual comments
- Interrogating the patient about their sexual history when it is not related to the patient’s appointment and medical examination
- Making critical remarks about a patient’s sexual history or their sexual orientation
These are just some examples of what constitutes sexual misconduct and what could count as a case for medical malpractice. Should you feel, in any way, sexually harassed by a medical professional, you should consider contacting a malpractice lawyer to learn more about your rights and to see if your claim has merit.
How Exactly Does a Medical Professional Become Liable for Sexual Misconduct and Medical Malpractice?
For any form of medical malpractice, a medical professional such as a doctor has to be proven to have failed in meeting their standard of care. The standard of care is what’s expected of any doctor in terms of professionalism, quality of care and expertise, and how well they treat their patients. Regarding sexual misconduct, it is often a deliberate act, which means the medical professional fully intended to break their standard of care. This makes them very liable for their harmful actions.
How Do You Determine the Damages and Compensation from a Sexual Misconduct Medical Malpractice Case?
Depending on the details of your case and the quality of your legal representation, you can expect your compensation to be settled or won at levels ranging from just a few thousand dollars to as much as in the millions. The damages you’ve suffered will be broken up into two categories: Economic damages such as wages lost as well as medical bills, and non-economic damages such as emotional trauma, a loss in quality of living, and continued pain and suffering. Consult with your malpractice lawyer to determine what kind of damages you may be able to sue for.
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At TopResearched, it is our mission to find the absolute best industry experts in and around your area, such as malpractice lawyers and law firms. If you’ve been hurt as a victim of sexual misconduct by a medical professional, you can quickly find the best malpractice lawyers in your area using our Top Malpractice Lawyers lists. We use a double-selection process to filter and select the best of the best from your area’s law firms, so that you can spend less time browsing on search engines and more time making the phone calls you need to begin your malpractice case. Hold those who’ve hurt you accountable and find closure from your painful experiences with a reputable malpractice lawyer featured on TopResearched!
