Doctors take an oath to do no harm and prioritize their patients’ well-being. However, some medical professionals shirk this duty and take advantage of those in their charge. Sexual abuse in healthcare environments is one of the most severe offenses a doctor can commit, and victims can face lasting physical, emotional, and mental injuries that touch every facet of their lives.
If you have been subjected to sexual abuse by a physician, OB-GYN, or other medical professional, the attorneys at Hale & Monico are here to assist. Sexual abuse by doctors and medical professionals is a grave crime and civil offense in Chicago and Illinois, one that deserves a serious legal response. We can help you sue the offending physician or facility to recover financial compensation for your injuries. We are proud to represent survivors of sexual abuse and will fight tirelessly to balance the scales of justice.
Contact our offices today to speak to a sexual abuse attorney in Chicago.
Examples of Sexual Misconduct by a Medical Professional
Sexual misconduct from a medical professional can include any kind of sexual harassment, abuse, or assault against a patient. Specific examples of misconduct include:
- Nonconsensual sexual contact
- Touching, groping, or kissing genitals or private parts
- Forcing patients to undress
- Observing a patient’s naked body without consent
- Exposing oneself to patients
- Making inappropriate sexual advances or comments
- Using force to coerce sexual acts
- Taking advantage of patients under anesthesia
- Penetration with fingers or medical devices
- Physical assault or forceful intercourse
More specifically, 720 ILCS 5/11-1.50 defines sexual abuse as engaging in sexual conduct under the threat of force or under circumstances where the victim cannot give consent. Sexual assault is defined explicitly as sexual penetration of another through force or when the victim cannot consent (720 ILCS 5/11-1.20).
How Does Doctor Sexual Abuse Happen?
Patients place a great deal of faith in their doctors and trust them to look out for their health and their best interests. The trust inherent in the doctor-patient relationship creates an unequal power dynamic — one that predatory physicians can exploit. Moreover, medical professionals have relatively easy access to vulnerable and sick people to take advantage of.
Physicians might commit acts of abuse under the guise of routine medical procedures, such as routine physicals. It is not uncommon for a patient to only realize after the fact that abuse occurred. Survivors might also feel shame and fear ostracization or violent retaliation if they speak out. Doctors wield a level of social prestige due to their profession, so victims fear that people might be biased in favor of the medical professional and hesitant to believe accusations.
Medical Facilities Can Also Be Liable for Doctor Sexual Abuse
Medical facilities may also bear liability for sexual abuse by a medical professional. Healthcare employers, like hospitals and clinics, must perform due diligence when vetting and hiring employees. If a facility hires a dangerous employee and that employee harms a patient, the facility can be guilty of its own negligent hiring practices.
For instance, imagine a hospital fails to perform a background check and hires a doctor with a history of sexual misconduct allegations. If the doctor abuses a patient, the medical facility could be guilty of negligence in hiring. The hospital would have known about the problematic behavior if it had done its due diligence. Negligent hiring and vetting practices could make the facility partially responsible for the sexual abuse of a patient.
Compensation for Doctor Sexual Abuse
Depending on your circumstances, a lawsuit for doctor sexual abuse can include financial compensation for:
- Medical bills for physical injuries
- Lost work income or reduced earning capacity
- Therapy and counseling expenses for mental illness
- Prescription drug costs
- Mental pain and emotional trauma
Depending on the severity of the abuse, you may also be able to recover punitive damages to punish the offender. A lawsuit cannot undo the pain and humiliation you may have experienced, but it can give you financial stability to facilitate healing and help you move forward.
Time Limit for Filing a Sexual Abuse Lawsuit Against a Medical Professional or Facility
Sexual abuse by a medical professional might generate separate criminal charges and a civil claim. There is no time limit for criminally prosecuting sex abuse, but there is a general time limit for filing a civil lawsuit to recover financial compensation. According to 735 ILCS 5/13-202, you have two years to file a civil claim for sexual abuse. Once the two-year counter elapses, you will lose the right to pursue compensation in court.
Note that this time limit does not apply to sex abuse cases when the victim was a minor. Illinois removed the statute of limitations for civil claims for child sexual abuse in 2017. This means that victims of child sexual abuse can pursue a civil lawsuit against responsible medical professionals at any time.
In either case, it’s in your best interest to take action quickly. The longer you wait, the harder it will be to gather evidence proving the abuse and your injuries. A sex abuse attorney can promptly initiate your claim and ensure you meet all filing deadlines and requirements.
Why Choose Hale & Monico for Legal Representation
Sexual abuse is a particularly degrading and offensive crime, especially when committed by trusted professionals like doctors who are supposed to uphold a higher standard of conduct. Hale & Monico has dedicated its practice to protecting the rights and well-being of sexual abuse survivors. Victims deserve an empathetic attorney who will hear their concerns and aggressively pursue a just resolution. As trial-tested attorneys, we can provide the compassionate legal advocacy needed to recover your losses and find closure.
Contact our offices online or call today for a free consultation with a doctor sexual abuse attorney in Chicago.