Sexual abuse by Doctors

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    doctor patient abuse

    Sexual Abuse by a doctor of a patient gives rise to a claim against the doctor. Physicians are in a relation of trust with their patient and Doctors are not permitted to have sex with their patients. Consent is not a good defense to the case. I have handled many cases against physicians who have violated the relation of trust and had sexual relations with a patient. These personal injury cases are complicated and require an experienced Miami, Fort Lauderdale, or West Palm Beach Florida personal injury attorney such as myself, Jack G. Bernstein to obtain justice for the emotional suffering caused by the doctor’s breach of trust.

    It is important that you hire a sexual abuse lawyer with experience in handling cases against doctors and psychologists. After successfully resolving many cases where a doctor sexually abused the patient, I understand the difficult circumstances involved and the need to keep the matter confidential, and for a fast and successful settlement. Sexual abuse by a doctor (this includes where a doctor has sex with a patient who consented), generally has a short statute of limitation, which significantly increases the importance of hiring an experienced Miami, Fort Lauderdale, or West Palm Beach Florida Personal Injury Lawyer. There are two years to file a case in court against a doctor under the Malpractice Statute for the doctor’s sexual abuse of the patient.

    Since a Miami, Fort Lauderdale, or West Palm Beach Florida Physician that has sex with a patient has “intentionally acted”, which is different for a case where the doctor is negligent in his care of a patient, his malpractice insurance will not cover him when he is a sole practitioner or the owner of the medical facility. If the Miami, Fort Lauderdale, or West Palm Beach Florida Doctor who sexually abuses his patient is an employee of a hospital or other medical facility, the malpractice insurance of the group will cover the claim. This is an important factor since the doctor who has sex with his patient and is not covered by insurance will hire an attorney and ultimately pay the settlement or verdict out of his own personal pocket. My experience has shown that Doctors who have sexual relations with a patient will hire a prominent lawyer to defend them because they are at great risk. They will deny they have risk or that they are concerned about the matter! Florida doctors will generally settle quickly and fairly once I get involved, when they know evidence exists to prove sexual relations occurred. If they don’t they face the risk of a larger loss of money from a jury; they want to keep the sexual relations confidential to avoid harm from public knowledge in the newspapers or on television; they want to avoid patients from learning of the sexual incident(s) which can affect their future business; they want to keep their family from learning about the sexual incident(s) which can cause a divorce or harm the family; they want to keep the Medical Board from receiving a complaint from the patient that could affect their license; and they need to stop the attorney fees the attorney defending them will charge.

    A doctor who has sexual relations with his patient will want to avoid our firm from filing a lawsuit in the Circuit Court since that creates a public record of what happened.

    Situations where the Florida doctor has sexual relations with a patient

    • Sudden unexpected sexual advance by a physician
      Male doctors that are examining a patient usually bring an assistant into the room while conducting the physical exam to avoid the appearance of a sexually inappropriate exam. Medical facilities usually have a procedure in place where a male physician only examines a patient in the presence of an assistant. The best evidence of a physicians sexual abuse would be his semen on your clothes or a tissue which would be crucial evidence which typically would lead to a settlement It is much more difficult to prove the case when the doctor suddenly touches the women on her breasts or as in one case we handled on her vagina leaving no physical evidence and without any witnesses.
    • Sexual advances by a Miami, Fort Lauderdale, or West Palm Beach Florida Doctor that leading to sex
      Since the physician is in a position of trust, he is not allowed to have sex with his patient. The doctor might request sex in his office, or when an affair starts he might meet you at a hotel. If evidence exists that the doctor reserved a room at a hotel with his patient, the receipt on his credit card can help to show that there were sexual relations. We can get his credit card statement to prove it. You can save emails and text messages from physicians, which evidence can help to settle the case.

    Evidence to prove The Florida Doctor Sexual Abuse

    Your Miami, Fort Lauderdale, or West Palm Beach Florida Personal Injury Lawyer needs to order all the medical records as evidence that a physician-patient relationship existed. A background check of the doctor might reveal prior setting where he had sexual relations with a patient.

    All texts, letters and emails you have that substantiate the sexual relations between the Miami, Fort Lauderdale, or West Palm Beach Florida Doctor and his patient should be given to the Florida Personal Injury attorney. Since the sexual abuse case against a Florida Doctor who has sexual relations with his patient falls within the patient-doctor relationship there is a requirement before filing a complaint against the doctor that an affidavit from another physician be attached to the complaint stating the facts which show that having sex with a patient is malpractice. This is a mandatory requirement or the judge will dismiss the case under Florida personal injury law.

    Do not take action yourself

    It takes an experienced Miami, Fort Lauderdale, or West Palm Beach Florida sexual abuse Lawyer using his judgment and experience to decide the best strategy to get your case resolved. It is best not to do anything before allowing the Florida Personal Injury attorney to work on your claim. On occasions victims of abuse might file complaints with the licensing board; send a letter to the wife of the doctor informing her of the doctor and patient sex; and sometimes try to negotiate their own case. Once you tell a medical licensing agency, or the doctor’s family or the public in general of the sexual relations, it becomes more difficult to reach a settlement. Our best leverage many times is the confidentiality the doctor can obtain by paying a fair settlement prior to a lawsuit or before any adverse publicity arises. Once the doctor’s family finds out he might be served with a divorce action by his wife, and it becomes more difficult for the physician to pay the money.

    Litigation of the Doctor Sexual Abuse Case

    Before filing a lawsuit to recover money damages for the suffering caused by sexual relations with a doctor, the Miami, Fort Lauderdale, or West Palm Beach Florida personal injury lawyer must have the pertinent medical records, important facts, and the affidavit of a doctor expert. The physician must be willing to testify that the sexual relations between the doctor and his patient fell below the normal standard of care for the doctor. (This seems obvious but we are required to have testimony from a doctor that having sex was below the standard of care)

    Litigation of a sexual abuse case against a doctor is complicated and will usually be defended by an experienced and prominent defense Lawyer. It is wise to hire an experienced Miami, Fort Lauderdale, or West Palm Beach Florida Personal injury attorney and litigation firm to fight for justice. At Bernstein and Maryanoff, we have extensive experience litigating medical malpractice cases. We also have the financial backing to finance these cases which are very costly.

    Prior to the jury or judge trial on any medical malpractice case including a sexual abuse case Florida, Miami, Fort Lauderdale or West Palm Beach Doctor, it is standard to have a mandatory mediation with a judge that might get your case settled without a trial.

    Defense of the Doctor-Patient Sexual Abuse

    The defense attorney will typically deny the sexual relations took place. If you have physical evidence such as semen, texts or emails, this defense will not work. The Florida defense attorney will allege that the patient consented to have sex with the doctor. This is a weak defense. Doctors cannot have sex with a patient. It is against the Florida Statute Law that prohibits it. The doctor is in a very weak position if sex took place with his patient in his office. Sometimes the doctor makes the appointment the last one for that patient in an attempt to be alone in the office with her. The next defense is usually that the patient is trying to extort money by making up a story about having sexual relations with the doctor. If there is physical evidence as I mentioned above, this defense will not work. Physical descriptions of the doctor’s private parts might help to prove the sex happened. You have a right to monetary compensation for the violation by this doctor of your right not to have been put in a situation that led to sex with him. The doctor will usually say he does not have enough money to settle because of his other financial obligations. All I can tell you is, these defenses are not very strong and if you have the physical evidence I mentioned to prove the Miami, Fort Lauderdale, or West Palm Beach Florida doctor had sex with you, he will have to settle your case or face the consequences mentioned above.

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