New York Doctor Sexual Abuse Lawyer

Types of Sexual Abuse Committed by Doctors

When sexual abuse is committed against a patient in a medical setting, the abuser often takes advantage of the power differential between themselves and the patient, as well as a patient’s lack of knowledge about boundaries that prohibit sexual harassment. Perpetrators may also use isolation and grooming tactics to coerce the victim into performing a sexual act.  

The most common forms of sexual abuse committed by medical professionals include:

Rape of an Anesthetized Patient

Sexual assault that occurs while a patient is under anesthesia or sedation for a medical procedure. This heinous violation often goes undetected initially as victims are unconscious and unable to remember the assault. Perpetrators may take advantage of their private access to sedated patients in operating rooms or recovery areas.

Masturbating in the Presence of a Patient

A form of sexual misconduct where medical professionals engage in self-gratification during examinations or medical procedures. This often occurs while the perpetrator is alone with the patient and may occur while the patient is conscious or while pretending to conduct legitimate medical procedures.

Inappropriate Genital Contact

Non-medical touching or examination of a patient's private areas without legitimate medical purpose or proper documentation. This may be disguised as a routine examination but extends beyond necessary medical care. Often occurs without the proper presence of nursing staff or chaperones.

Forced Anal or Oral Sexual Contact

Coerced sexual acts under the pretense of medical necessity or through physical force. Perpetrators may use their authority, medical knowledge, or a patient's vulnerable position to force unwanted sexual contact.

Inappropriate Forms of Touching

Any non-medical physical contact including prolonged touching, caressing, or groping during examinations. This may include touching or groping areas unrelated to the medical purpose of the visit.

Although some hospitals have specific policies in place to limit the risk of sexual assault (such as preventing a doctor from being in a room alone with a patient), abusers often take advantage of factors such as seniority, lack of surveillance, staff complicity, or simply violate these policies altogether. In addition, a medical facility’s failure to thoroughly investigate complaints of misconduct can embolden an abusive medical professional to escalate their behavior, putting more patients at risk.

Alarmingly, a 2016 investigation revealed that over 50% of physicians who have been found guilty of sexual violations return to their practice after receiving psychological treatment.

At the Jacob Fuchsberg Law Firm, our medical provider sexual abuse attorneys understand that pursuing a claim against your abuser can be incredibly difficult and overwhelming, but we are here to help guide you through every step of the process.

Meet Our Experienced New York Sexual Abuse Attorneys

The Civil Rights Team, led by Partner Jaehyun Oh, has extensive experience litigating sexual assault cases, and Jae has a proven track record of success recovering justice for survivors of abuse.

In 2020, Jae filed a lawsuit on behalf of three women who were sexually abused while incarcerated at the now-closed Manhattan Correctional Center. The lawsuit was brought against both the perpetrator of their abuse as well as against the United States Federal Government and its various officers who looked the other way while the abuse was occurring.

The case was settled for $3 million, making it the largest publicly available settlement obtained against the United States for officer-on-inmate sex abuse.

Since then, Jae has been involved in nationwide reform efforts to address the systematic failures that put incarcerated people at risk of assault in the first place, but also to ensure that survivors of sexual assault receive resources and support to help process their trauma.

At the Jacob Fuchsberg Law Firm, our Civil Rights attorneys care about survivors, and we are committed to getting you the justice you deserve.

Reporting and Pursuing Legal Action for Physician Sexual Abuse

Unfortunately, doctor-to-patient sexual abuse is significantly underreported, with one study estimating that less than 1 out of every 10 victims of physician sexual abuse chooses to report their abuse.

A patient may choose not to report their abuse because they feel guilt or fear that they may not be believed, because they may be confused about whether or not abuse occurred, or because they may not have been aware of the abuse occurring, such as in cases of sedation.

If you or a loved one have been victimized by a medical professional, speaking with a New York sexual abuse attorney promptly is vital to understand your rights and options.

A New York physician sex abuse attorney can help you pursue a civil lawsuit. At the Jacob Fuchsberg Law Firm, we prioritize your comfort and control throughout the legal process by our commitment to:

• Supporting you through every step of reporting and legal proceedings.
• Involve you in all key decision-making moments.
• Helping you find justice in the form that feels right for you.
• Gathering necessary evidence, even when pieces seem missing.
• Providing the emotional support and understanding you deserve.

Our dedicated New York civil rights attorneys understand that reporting sexual assault can be very difficult as it often requires reliving traumatic memories of the abuse. At the Jacob Fuchsberg Law Firm, our doctor-to-patient sexual abuse lawyers will help you with every step of the process to ensure that you receive the support you deserve and feel confident.

Statute of Limitations for Civil Sexual Assault Claims

In New York, victims generally have a 1-year statute of limitations from the date of the last incident to file a civil sexual assault lawsuit against the abuser.

However, if the facility where the assault occurred is run by New York City or the State of New York, victims have 90 days from the date of the last incident to file a notice in the City or State of New York.

Additionally, the Child Victims Act extends the statute of limitations for civil claims until the age of 55 for victims of childhood sexual assault, but only if the assault occurred after the enactment of the Act.

Given the numerous complexities of these laws, it is important to speak to an experienced New York Doctor Sexual Abuse Attorney so that you are aware of all statute of limitations deadlines that may impact your claim.