One of the most trusted environments is a medical setting, where patients rely on professionals to provide the standard of care and support. Medical professionals violate this trust when they abuse their patients sexually.
At Arias Sanguinetti, our team of attorneys brings over 300 years of combined experience to help survivors. Our doctor sexual abuse lawyers in San Jose work to hold abusers and any company or institution that enabled them accountable.
Our San Jose sexual abuse lawyers have helped survivors seek justice and compensation in both individual and class action lawsuits. Call us for a free consultation.
How Sexual Abuse Occurs in Medical Settings
As adult survivors and parents of children who suffered sexual abuse by a doctor, it can be difficult to process the abuse, especially in a setting where you expect a guarantee of trust and safety. Medical professionals hold a position of authority, and some commit inappropriate and abusive behavior under the guise of routine care.
The following actions constitute medical sexual abuse:
- Unprofessional comments or behavior: This includes sexually suggestive remarks, inappropriate jokes, or comments about your body that go beyond professional medical observations.
- Unnecessary or invasive physical exams: Be cautious if a doctor conducts an exam that feels unrelated to your medical needs, especially without explanation. Conducting intimate exams without a clear medical reason could be a red flag.
- Lack of informed consent: Legitimate medical procedures should always be explained in detail, with your consent obtained beforehand.
- Refusal to allow a chaperone: Patients have the right to request a nurse or chaperone during intimate exams. If a medical professional denies this request or avoids having anyone else in the room, it could be cause for concern.
- Touching outside of medical necessity: Any physical contact that feels unnecessary, prolonged, or inappropriate during an exam or procedure may constitute abuse.
Sexual abuse by a medical professional can also involve coercion, manipulation, and physical violence. If you or a loved one has experienced any type of sexual misconduct when interacting with a medical professional, our San Jose personal injury lawyer can build a claim or a lawsuit to hold them responsible.
Our San Jose Doctor Sexual Abuse Attorneys May Hold Multiple Parties Liable
Aside from the doctor or other medical professional who directly abused a patient, other parties can bear liability. Institutional or corporate negligence can play a role in enabling sexual abusers, either by failing to vet them during hiring practices, failing to act on reports and complaints, or even covering up abuse.
At Arias Sanguinetti, our San Jose doctor sexual abuse attorneys are dedicated to investigating all potentially liable parties to seek full accountability. When the USC Tyndall case was brought forward, Mike Arias and the attorneys at Arias Sanguinetti played a pivotal role in advocating for survivors of sexual assault.
We are not afraid to file against large companies or institutions that have failed their patients. Potentially liable parties in medical sexual abuse cases include the following:
Hospitals or Medical Facilities
Hospitals, clinics, and other medical facilities have a duty to ensure the safety of their patients. Supervisors, department heads, or administrators who were aware of the abuse, or should have been aware, may also be held accountable.
This includes individuals who failed to address complaints or reports of misconduct or enforce protective measures like chaperoning policies or monitoring during exams.
Medical Practices or Group Practices
In cases where the abuse occurred in a private practice or group practice setting, the practice itself may be held accountable. Liability may arise if the practice ignored red flags, failed to supervise the doctor adequately, or prioritized profit over patient safety.
Third-Party Contracting Agencies
If the medical professional was hired through a third-party staffing agency, that agency may be held liable for failing to conduct proper background checks or investigate prior misconduct.
San Jose Doctor Sexual Assault Lawyer Near Me 310-844-9696
How Long Do You Have to File a Sexual Abuse Lawsuit?
California recently extended the statute of limitations for sexual abuse lawsuits. Interpreting how these new laws apply to a doctor sexual abuse case can be difficult, especially since there are other laws governing the statute of limitations for medical malpractice lawsuits.
Our doctor sexual abuse attorneys in San Jose can determine how long we have to file so that we do not miss our chance to seek justice. Depending on your circumstances, the following laws may apply.
Sexual Abuse of Minors
- Assembly Bill 218 (AB 218): Survivors can take legal action until their 40th birthday or five years after they discover the child abuse occurred or its impact on them.
- Assembly Bill 452 (AB 452): For sexual abuse occurring on or after January 1, 2024, no statute of limitations applies.
Sexual Abuse of Adults
- California Code of Civil Procedure 340.16: Adult survivors can file either ten years from the date of the assault or three years from the time of discovering the assault and resulting injuries.
- Assembly Bill 2777 (AB 2777): This provides for a specific filing lookback window for adult survivors if the abuse took place on or after January 1, 2009, regardless of the statute of limitations expiring. This window opened on January 1, 2023, and closes on December 31, 2026.
Medical Malpractice
If the abuse qualifies as medical malpractice (e.g., abuse occurred under the guise of medical treatment), then California Code of Civil Procedure Section 340.5 applies. This law gives survivors three years from the date of the injury or one year from the date of discovery, whichever occurs first.
Our team of attorneys can determine how long you have to file if you decide to pursue a medical malpractice lawsuit as well.
Public Healthcare Facilities
If the healthcare provider worked for a government-run hospital or clinic, you generally have to file a California government claim within six months of the incident.
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Our San Jose Doctor Sexual Abuse Lawyers are Here for You
At Arias Sanguinetti, we are dedicated to helping survivors of doctor sexual abuse seek justice and hold those responsible accountable. Our team of lawyers has the extensive resources needed to take on even the most demanding litigation. From high-profile cases to claims against powerful institutions, we have the experience and capability to fight for you.
With a proven history of success, including recovering over $1.5 billion in damages for our clients, we are ready to advocate for you with the strength and determination your case deserves.
Contact us today for a free, confidential consultation.
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