Physician Sexual Abuse: Your Health, Your Rights

A recent article published in the Atlanta Journal Constitution (AJC) about physician sexual abuse is causing quite a stir.  The article follows a year-long investigation that was initiated after investigators discovered that two-thirds of doctors in Georgia who were disciplined for sexual misconduct were still practicing medicine.  The in-depth, nationwide investigation into physician sexual abuse claims revealed startling information about our healthcare system as a whole, and the ethical practices of many doctors and review boards.

The findings of this investigation were significant enough that in the days immediately following publication of the investigation, discussions were heated on websites like CNN, and in magazines like Women’s Health.  The investigation also sparked conversation in the legal community.  At MedMalFirm.com, our medical malpractice attorneys take issues like physician sexual abuse seriously. Our goal is to help patients understand that risks do exist, prepare themselves, and know what to do if their rights have been violated.  Read on to learn more about the investigation and your rights as a patient.

Physician Sexual Abuse Investigation

The results of the AJC’s year-long investigation were startling at best.  Upon review of the 100,000 documents and claims of physician sexual assault across the United States since 1999, it immediately became clear that there is a serious problem with the healthcare system and standards.  Thousands of cases of sexual abuse were reported, with many of them resulting in little, if any, disciplinary action taken against the physician.  Further startling was the fact that the reports of abuse came from no specific demographic, but were spread out – from pediatric abuse to elder abuse – across states and specializations.  Of the 100,000 documents reviewed, the AJC found the following:

• 3,100 doctors publicly disciplined for sexual infractions
• 2,400 doctors sanctioned for sexual infractions directly related to patients
• Numerous doctors disciplined for employee sexual harassment, child pornography, sexual assault, or public indecency.

Further disheartening were some of the specific accounts related in the AJC article.  Physician sexual abuse claims included:

• Inappropriate physical touching, including the breasts and genitals.  Also, it was reported that at least one doctor had pressed his erection against patients while conducting an examination.
• Genital touching and examinations while the patient was under anesthesia and could not consent.
• Undressing and photographing patients while conducting an examination.
• Indecent exposure toward patients.
• Trading sex for drugs.
• Rape.

These accounts hardly scratch the surface of the severity of the problem, or the traumatic damage sexual abuse causes.  Many victims have suffered from years of trauma and counseling, and some have even suffered to the point of taking their own lives.  So with all of this information, we must ask: Why are almost half of the doctors studied in the AJC report still practicing and seeing patients on a daily basis?

Physician Sexual Abuse: Are Doctors Above the Law?

There is a legitimate problem in society when sexual abuse is punished strongly across the proverbial board, with exception of the healthcare system – the system requiring the highest ethics and legal standards.  Organizations like the Boy Scouts, colleges and universities, school systems, the military, and even religious organizations are routinely criticized and placed in a negative spotlight when the issue of sexual abuse is raised.  The healthcare system, however, appears to be under a blanket of secrecy and protection of their own.  What’s more, the American public relies heavily on healthcare providers, and trusts their health, well-being, and even their lives to these individuals.

Even doctors who are disciplined for sexual abuse are often viewed as being “sick”, “disturbed”, or having a lapse of judgment.  In many cases, the perpetrator is sent to therapy as a patient themselves, then when completed, returns to practicing medicine.  The report also found that some doctors are sent to rehabilitation-type facilities or educational classes, and are never formally disciplined.  Without formal discipline, a physician’s record remains unblemished, which shields them from public scrutiny and hides their past behavior from patients.

Trends in Reporting Sexual Abuse

The AJC article noted that there are many instances where patients are embarrassed or afraid to contact authorities, so sexual abuse may go unnoticed.  Another trend in the healthcare system is hospitals and healthcare facilities opting to quietly address the issue or remove the doctor internally, without ever contacting the police.  The investigation found this trend to be common, and of course, it does not solve the issue of the physician sexual abuse, but just places the same perpetrator in a different environment.  One woman whose case was reviewed in the AJC investigation noted that she was sexually assaulted while under anesthesia, and found out later that her doctor had been reported several years earlier for similar behavior, but was never punished.

The trend of secrecy in reporting is not just among doctors or healthcare facilities, but also medical boards.  Often, disciplinary authorities issue private warnings or actions against a doctor, which is never reviewed publicly, legally, or by the patient.  In many of the horrendous cases reviewed by the AJC, several doctors had received such secretive actions and warnings, with some suggesting decades of unethical behavior.

Another trend in reporting physician sexual abuse is the unfortunate fact that only 11 states have mandatory reporting laws stating that medical authorities must contact police following a claim of sexual assault, or suspicion that it has occurred.  Even the states with mandatory reporting laws have flawed disciplining structures.  Kansas and Georgia, for example, reportedly allowed two out of three doctors disciplined for sexual misconduct to return to practice, while Alabama and Minnesota allowed three out of four, and four out of five respectively.

Break the Silence and Get the Help You Need

Patient advocates and legal professionals are urging patient victims to break the silence.  Secrecy and underreporting are causing more harm to patients who have suffered at the hands of unethical doctors.  Patients need to know that they can report sexual abuse and that their stories and wounds will be taken seriously.  Let us remember – sexual misconduct is not only unethical, it is illegal.  Healthcare providers and facilities are not above the law, and should be held accountable for their actions.

If you have experienced physician sexual abuse, you should act quickly to report your situation to authorities.  Further, it is important that you understand your rights as a patient.  Texas medical malpractice laws protect patients who have been harmed by sexual abuse or negligent healthcare.

You do not have to go through this traumatic time alone.  At MedMalFirm.com, our attorneys and staff provide legal guidance that is compassionate, respectful, and focused on protecting your rights and pursuing justice.  Physician sexual abuse is never acceptable, and you deserve the opportunity to fight back.  We can help you do just that.

Contact our office by filling out our online form or by calling 877-887-4850 to learn more about our services and your legal rights.  We offer every client a free consultation with one of our skilled attorneys.