When patients seek the services of medical care providers, they have a reasonable expectation of receiving ethical and professional treatment. Medical personnel owes a duty of care to their patients, and physicians take an oath to “do no harm” when they provide treatment. Unfortunately, some doctors violate this oath by sexually assaulting their patients. When a patient’s trust in a physician is violated, the patient should consult with a Los Angeles personal injury lawyer to discuss the patient’s options for pursuing justice.
What Does California Law Say about Doctor Sexual Assault?
Doctors must follow stringent medical ethics and professional codes as they treat patients. California Business and Professions Code Section 726 and Business and Professions Code Section 729 set out what constitutes doctor sexual misconduct and potential penalties. Professions Code Section 726 specifies that sexual abuse, relations, or misconduct against patients will be viewed as unprofessional conduct that is punishable by disciplinary action.
Beyond such disciplinary action, there are also legal consequences. Patients who have suffered sexual assault at the hands of a physician or other medical professional may be able to file civil or criminal charges in court. An experienced Los Angeles doctor sexual assault lawyer can evaluate the facts of your case. A doctor sexual abuse attorney will help you decide whether to bring a civil lawsuit against a medical provider and/or any employer that may share partial responsibility for the abuse you suffered.
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What Are Reasonable Behaviors to Expect During a Medical Examination?
Medical examinations are often necessary in order to ensure good health, but they can sometimes feel awkward. Although that sense of awkwardness may occasionally be unavoidable, medical professionals should do their best to maintain a professional demeanor and reassure their patients.
The following are behaviors that patients should expect from a doctor or physician during a medical examination:
- Allowing an examination to be conducted by a provider of the same gender as the patient, if requested
- Explaining each examination stage before performed
- Using medical gloves
- Encouraging patients to advise them of any discomfort or pain
- Asking patients to undress only the specific areas being examined, providing a gown and/or drape for coverage
- Offering complete privacy for the exam
- Allowing another person to be in the room at the patient’s request
- Insuring a person of the same gender as the patient is in the room, if the physician is not the same gender as the patient
All doctors should exhibit the above behaviors to ease the awkwardness of an exam.
The following are unacceptable behaviors from a physician or doctor during a medical exam:
- Refusing to answer specific questions
- Telling patients to hush or be quiet
- Examining a patient without the use of medical gloves
- Refusing to explain whatever they are doing to the patient
- Requiring the patient to undress parts of the body not being examined
- Asking the patient irrelevant questions about their sexuality, assuming such questions do not pertain to the examination at hand
- Examining an unrelated part of the body
- Performing an exam after the patient refuses
Patients always have the right to end an examination if they feel uncomfortable at any point. When requested, a doctor immediately should stop any activity that is being performed. If you feel that a doctor or other medical professional has committed sexual assault, you have legal rights to pursue both civil and criminal justice. Contact our doctor sexual abuse attorneys in Los Angeles to represent you on your claim.
Los Angeles Doctor Sexual Assault Lawyer Near Me 310-844-9696
Contact a Los Angeles Doctor Sexual Assault Attorney at Arias Sanguinetti Wang & Team, LLP
If you need to retain a Los Angeles doctor sexual assault lawyer, the experienced attorneys at Arias Sanguinetti Wang & Team, LLP, have been helping clients pursue legal and financial restitution for decades. We evaluate the facts of each specific case to help those who have suffered from sexual abuse at the hands of medical professionals decide whether to file suit. To schedule a free consultation with one of our sexual harassment attorneys, contact us or call (310) 844-9696.