When you seek medical care, you trust healthcare providers to treat you with professionalism and respect. That trust is sacred. When a doctor, therapist, nurse, or other healthcare provider violates that trust through sexual assault, the betrayal cuts deep. You entered a healthcare facility expecting healing and received harm instead.
At Dordick Law, we understand the impact of sexual assault by healthcare providers. We represent survivors throughout Southern California who have experienced sexual abuse in hospitals, clinics, therapy offices, and other healthcare settings. We hold both the individual perpetrators and the institutions that enabled their abuse accountable through civil litigation.
If you experienced sexual assault by a healthcare provider, you have legal rights. You can pursue a civil claim for compensation regardless of whether criminal charges were filed. Our Southern California sexual abuse attorneys work on a contingency fee basis—you pay nothing unless we recover compensation for you. Contact us today for a free, confidential consultation.
Understanding Sexual Assault by Healthcare Providers
Sexual assault in healthcare settings represents a serious breach of trust. Healthcare providers occupy positions of authority and access. Patients depend on them for care during moments when they are physically exposed, emotionally vulnerable, or mentally compromised by medication or anesthesia.
Sexual assault by a healthcare provider includes any unwanted sexual contact or conduct of a sexual nature. This may occur during medical examinations, procedures, therapy sessions, or private consultations. The assault may involve direct physical contact, inappropriate touching during examinations, or non-contact conduct such as exposing genitals or making sexual comments.
The power imbalance in healthcare relationships makes these situations particularly harmful. Patients often cannot easily refuse a healthcare provider’s requests or report inappropriate conduct without fear of losing access to necessary medical care. This dynamic creates an environment where predatory providers exploit their authority. Understanding these dynamics is crucial for recognizing sexual harassment in healthcare settings.
Healthcare providers who commit sexual abuse often use grooming tactics to normalize inappropriate behavior. They may build trust over time, gradually increase physical contact, isolate patients from witnesses, or use their professional authority to convince patients that inappropriate conduct is medically necessary. These tactics make it difficult for victims to recognize abuse as it occurs.
Types of Healthcare Professionals Who Commit Sexual Abuse
Sexual assault in healthcare occurs across all medical specialties and healthcare settings. Perpetrators include doctors and surgeons, therapists and psychiatrists, nurses and medical assistants, anesthesiologists, and rehabilitation specialists. The common thread is access to vulnerable patients and the authority to touch them during care. Our sexual abuse lawyers have experience holding all types of healthcare professionals accountable.
How Healthcare Sexual Abuse Occurs
Healthcare sexual abuse happens in various contexts and settings. Understanding how abuse occurs helps survivors recognize that their experience was not their fault. You have legal recourse.
Common scenarios include sexual assault during medical examinations when a provider touches genitals, breasts, or other intimate areas without medical justification or consent. Abuse may occur during surgical procedures when a patient is sedated or anesthetized and cannot consent or resist. Therapy sessions may involve inappropriate sexual conduct when a therapist exploits the therapeutic relationship and patient vulnerability. Private consultations create opportunities for abuse when providers isolate patients from witnesses and use their authority to normalize inappropriate conduct.
Grooming behaviors are common in healthcare sexual abuse. Providers build trust with patients over time. They gradually increase physical contact beyond what is medically necessary. They make inappropriate comments or jokes of a sexual nature. They request private sessions without witnesses. They use their professional authority to convince patients that inappropriate conduct is medically necessary or appropriate.
Vulnerability factors make certain patients particularly susceptible to abuse. Patients under sedation or anesthesia cannot consent or resist. Patients with mental health conditions may struggle to recognize or report abuse. Patients with language barriers may not understand what is happening or how to report it. Elderly patients or those with cognitive impairment may be unable to report abuse effectively. Child sexual abuse survivors face unique challenges in reporting and recovery.
Institutional failures enable healthcare sexual abuse to occur. Inadequate supervision of healthcare providers allows abuse to continue undetected. Lack of chaperone policies means patients are alone with providers during vulnerable moments. Poor credentialing and background check processes fail to identify providers with histories of misconduct. Failure to investigate complaints allows abusers to continue practicing. Retention of providers with known complaints enables repeat abuse.
Red Flags and Warning Signs
Recognizing warning signs helps identify potential abuse. Watch for unnecessary physical contact during examinations that goes beyond what is medically necessary. Be alert to requests for private sessions without witnesses or chaperones present. Notice inappropriate comments, jokes, or questions of a sexual nature. Identify boundary violations, such as discussing the provider’s personal life or romantic interests. Be aware of requests to keep aspects of treatment confidential from other healthcare providers or family members.
If you’ve experienced abuse in schools or other institutional settings, similar warning signs apply. Trust your instincts—if something feels wrong, it likely is.
Who Can Be Held Liable for Healthcare Sexual Abuse
Identifying all liable parties is essential to recovering fair compensation. Responsibility extends far beyond the individual perpetrator.
The individual healthcare provider who committed the abuse bears direct liability for their actions. However, pursuing claims against individuals alone often proves insufficient because perpetrators may lack substantial assets or insurance coverage.
Hospitals, clinics, therapy centers, and medical groups can be held liable through negligent hiring claims when they fail to conduct thorough background checks or verify credentials. They can be held liable through negligent credentialing claims when they fail to investigate red flags in an applicant’s history. They can be held liable through negligent supervision claims when they fail to implement adequate supervision protocols or chaperone policies. They can be held liable through negligent retention claims when they retain providers despite knowledge of prior complaints or misconduct.
Healthcare facilities have a duty to implement safeguards that protect patients from sexual abuse. These safeguards include background screening and credentialing procedures, supervision protocols and monitoring systems, chaperone policies requiring witnesses during vulnerable examinations, training on professional boundaries and sexual abuse prevention, and clear reporting procedures for complaints.
Failure to implement these safeguards creates institutional liability. When a healthcare facility knew or should have known that a provider posed a risk of sexual abuse and failed to take protective action, the facility bears responsibility for the harm that results. This principle applies to institutional negligence across various settings.
Institutional Negligence Claims
Institutional negligence claims focus on the healthcare facility’s failures rather than the individual provider’s conduct. These claims often result in larger recoveries because institutions have insurance coverage and substantial assets.
Inadequate screening and credentialing occurs when facilities fail to conduct thorough background checks, verify professional licenses, or investigate gaps in employment history. Failure to investigate complaints happens when facilities receive complaints about inappropriate conduct but fail to investigate or take protective action. Retention of problematic providers occurs when facilities continue employing providers despite knowledge of prior complaints or misconduct. Lack of protective policies means facilities fail to implement chaperone policies, supervision protocols, or training on professional boundaries.
Our institutional abuse attorneys understand how to prove these failures and hold institutions accountable.
Types of Compensation Available in Healthcare Sexual Abuse Cases
California law allows survivors to recover compensation reflecting the full scope of damages caused by sexual abuse.
Medical and psychological treatment costs include past and future medical care, physical examinations, testing for sexually transmitted infections, and necessary medical procedures. Psychological treatment includes therapy, counseling, and psychiatric care addressing trauma, PTSD, depression, and anxiety. Compensation covers both past treatment costs and future anticipated care needs.
Pain and suffering damages compensate for the physical pain experienced during abuse and the emotional suffering that follows. These damages recognize the non-economic harm of trauma, including loss of enjoyment of life, emotional distress, and diminished quality of life.
Lost wages and earning capacity may include lost wages during recovery periods and reduced earning capacity if the abuse impacts your ability to work. For some survivors, the trauma affects their career trajectory and earning potential for years. This is similar to damages available in wrongful termination and other employment-related claims.
Loss of enjoyment of life and emotional distress damages recognize how sexual abuse affects your ability to engage in activities you previously enjoyed, and the ongoing emotional impact of the trauma.
Punitive damages may be available in cases involving particularly egregious conduct. When a healthcare facility’s conduct was especially wrongful—such as covering up abuse, retaliating against reporters, or knowingly allowing a dangerous provider to continue practicing—courts may award punitive damages to punish the defendant and deter similar conduct.
Structured settlements allow large recoveries to be paid over time, providing tax advantages and ensuring long-term financial security for survivors and their families.
Calculating Your Full Damages
Calculating damages in healthcare sexual abuse cases requires working with medical experts, mental health professionals, and economists. We project future care needs based on the nature of the abuse and the survivor’s condition. We calculate mental health treatment costs based on expert recommendations for ongoing therapy and psychiatric care. We assess the impact on career and earning potential based on the survivor’s education, work history, and the effects of trauma on employment.
Our team includes experienced trial attorneys who have successfully calculated damages in complex cases involving catastrophic injuries and long-term harm.
California’s Statute of Limitations for Healthcare Sexual Abuse Claims
Understanding California’s statute of limitations is critical because it determines your deadline to file a claim.
Assembly Bill 452, effective January 1, 2024, fundamentally changed California’s statute of limitations for sexual abuse survivors. For abuse occurring on or after January 1, 2024, there is no statute of limitations. Survivors can file civil claims at any age without time restrictions.
For abuse occurring before January 1, 2024, survivors may file claims until age 40, or within five years of discovering the psychological injury caused by the abuse, whichever is later. The statute of limitations is tolled (paused) until the survivor reaches age 18, giving minors time to process their experiences before deciding whether to pursue legal action.
Why You Should Act Now
While California’s extended timelines provide significant opportunities for survivors, evidence degrades over time. Witnesses’ memories fade, and documents may be lost or destroyed. Acting promptly preserves evidence and strengthens your case. Medical records may be destroyed after a certain period. Witness testimony becomes less reliable as time passes. Your own memories of details become less clear.
If you experienced abuse before January 1, 2024, consult with an attorney to determine your specific deadline. Circumstances vary, and an attorney can clarify your timeline and ensure your claim is filed within applicable deadlines. Don’t delay—contact our Southern California personal injury lawyers today.
Why You Need an Experienced Healthcare Sexual Abuse Attorney
Healthcare sexual abuse cases involve complex legal issues that require specialized knowledge and resources. Healthcare law intersects with medical malpractice standards, employment law, and institutional liability principles. Understanding these overlapping areas is essential to building a strong case.
Institutional defendants have sophisticated legal teams and insurance carriers working to minimize liability. They conduct their own investigations, retain expert witnesses, and develop defense strategies. You need an attorney with equal resources and experience to level the playing field.
Medical expert testimony is mandatory in many healthcare sexual abuse cases. Experts establish that the provider’s conduct violated professional standards and breached the duty of care owed to patients. Retaining qualified experts requires knowledge of which specialists to contact and how to present their testimony effectively.
A thorough investigation is essential to identifying all liable parties and building a compelling case. Investigation includes obtaining facility records, interviewing staff and patients, reviewing credentialing files, examining supervision protocols, and identifying prior complaints about the provider.
Dordick Law brings experience representing survivors of institutional abuse. We understand how healthcare facilities operate, what safeguards they should implement, and how to prove negligence when they fail to protect patients. We work on a contingency fee basis—you pay nothing unless we recover compensation for you.
Our approach combines compassionate representation with aggressive advocacy. We understand the emotional toll sexual abuse creates and the courage required to come forward. We handle your case with confidentiality and respect while pursuing maximum compensation on your behalf. Our award-winning attorneys have recovered millions for survivors.
How Dordick Law Handles Healthcare Abuse Cases
Our process begins with listening to your story in a safe, confidential environment. We understand that discussing abuse requires courage, and we create space for that conversation.
We conduct a thorough investigation, including obtaining all facility records and credentialing files, interviewing healthcare providers and staff members, reviewing supervision and chaperone policies, examining prior complaints about the provider, and consulting with medical experts about standard of care.
We work with medical experts who review the provider’s conduct and establish that it violated professional standards. We coordinate with mental health professionals who document the psychological impact of the abuse and project future treatment needs. We work with economists who calculate lost wages and earning capacity.
We negotiate with the healthcare facility’s insurance company and legal representatives to pursue fair settlement. If settlement discussions fail, we prepare your case for trial, including discovery, expert reports, witness preparation, and courtroom advocacy. Our case results demonstrate our commitment to achieving justice.
Frequently Asked Questions About Healthcare Sexual Abuse Claims
What should I do if I experience sexual assault by a healthcare provider?
Seek immediate medical care to address any physical injuries and document the assault. Report the assault to facility management in writing and request a written response. Report the provider to the California Medical Board or relevant licensing board. Document everything you remember about the incident, including dates, times, locations, and what occurred. Contact law enforcement if you choose to file a criminal report. Consult with an attorney who can advise you on your legal options and help protect your rights.
Can I sue a hospital for a doctor’s sexual abuse?
Yes. Hospitals can be held liable for sexual abuse by their employees through negligent hiring, supervision, and retention claims. The hospital has a duty to screen providers carefully, supervise their conduct, and remove providers who pose a risk to patients. When the hospital breaches these duties and a patient is harmed, the hospital bears legal responsibility. Institutional liability claims often result in larger recoveries than claims against individual providers because hospitals have insurance coverage and substantial assets. Our Los Angeles sexual abuse lawyers have successfully pursued these claims.
How long does a healthcare sexual abuse case typically take?
The timeline varies depending on case complexity, the defendant’s willingness to settle, and whether the case proceeds to trial. Some cases settle within months after investigation and negotiation. Other cases may take several years if they proceed to trial. We work efficiently to resolve your case while ensuring we pursue maximum compensation. We keep you informed throughout the process and discuss settlement offers and litigation strategy with you.
Do I have to report to law enforcement to file a civil claim?
No. Civil claims are independent of criminal prosecution. You can pursue a civil claim even if you never report to law enforcement, even if law enforcement declines to investigate, or even if criminal charges were filed but resulted in acquittal. Civil cases use a lower burden of proof (“preponderance of the evidence”) compared to criminal cases (“beyond a reasonable doubt”). This means you can pursue a civil claim and recover compensation even without a criminal conviction.
What is the difference between sexual assault and sexual harassment in healthcare?
Sexual assault involves unwanted physical contact of a sexual nature. This includes touching genitals, breasts, or other intimate areas without consent, or forcing a patient to touch the provider’s genitals. Sexual harassment involves unwanted conduct of a sexual nature that creates a hostile environment. This includes repeated sexual comments, jokes, or requests for sexual favors that affect your healthcare or create an intimidating atmosphere. Both are actionable under California law, and both can result in significant compensation. Similar protections apply in workplace harassment cases.
How much does it cost to hire a healthcare sexual abuse attorney?
Dordick Law works on a contingency fee basis. You pay no upfront attorney fees, no hourly charges, and no costs unless we recover compensation for you. If we successfully resolve your case through settlement or verdict, we receive a percentage of your recovery as our fee. This arrangement ensures that financial barriers don’t prevent survivors from accessing justice. We’re invested in your case because our success depends on your recovery.
What damages can I recover in a healthcare sexual abuse case?
You can recover medical expenses for past and future treatment, therapy, and mental health treatment costs, pain and suffering damages, lost wages and earning capacity, loss of enjoyment of life, and emotional distress, and punitive damages in cases involving egregious conduct. The specific damages available depend on your circumstances and the facts of your case. We evaluate all potential damages and pursue maximum compensation on your behalf. Our case results page shows examples of substantial recoveries we’ve achieved.
Contact Dordick Law for Your Free Consultation
If you experienced sexual assault by a healthcare provider, you deserve justice and compensation. Dordick Law provides legal representation to survivors throughout Southern California, including Los Angeles, Beverly Hills, Riverside, San Diego, and Ventura. We investigate thoroughly, identify all liable parties, and pursue fair compensation on your behalf.
Contact us today for a free, confidential consultation. We’re here to listen to your story, answer your questions, and explain your legal options. Call (310) 551-0949 or complete our online contact form to schedule your consultation. There’s no obligation, and we’re ready to help you pursue justice.
Related Posts
- Understanding Medical Malpractice Claims in Southern California
- Institutional Liability and Negligent Supervision in Healthcare
- Your Rights as a Sexual Abuse Survivor in California
- How to Report Healthcare Provider Misconduct
- Workplace Sexual Harassment and Your Legal Rights
