California Doctor Sexual Abuse Lawyer

A medical examination sometimes requires a patient to undress, discuss private information, or allow a doctor to examine intimate areas of the body. None of that gives a healthcare professional permission to use the examination for sexual contact, harassment, photographs, or other conduct unrelated to legitimate medical care.

If something happened during an appointment or procedure that left you questioning whether a doctor crossed a sexual boundary, you do not have to decide on your own what to call it before speaking with an attorney.

Hodes Milman represents survivors of sexual abuse involving doctors and medical facilities throughout California. A California doctor sexual abuse lawyer from our firm will listen to what happened, explain the legal options available to you, and investigate the individual and institution involved.

For a private consultation with Hodes Milman, call (949) 828-6291 or contact our office online.

What Counts as Sexual Abuse by a Doctor?

California recognizes strict professional boundaries between physicians and patients. The Medical Board of California identifies sexual abuse, sexual misconduct, and sexual relations with a patient as unprofessional conduct and grounds for disciplinary action.

Conduct that raises concerns about sexual abuse or misconduct in a medical setting includes:

• Touching breasts, genitals, or other intimate areas without a legitimate medical reason
• Sexual touching presented as part of an examination or treatment
• Penetration or attempted penetration without consent
• Sexual contact with a patient who is sedated, anesthetized, unconscious, or otherwise unable to consent
• Taking photographs or videos of an exposed patient for a nonmedical purpose
• Sexual comments, propositions, or requests
• Asking a patient to undress when it is unnecessary for the examination
• Failing to provide appropriate privacy during an examination
• Using the physician-patient relationship to initiate inappropriate sexual contact

Some situations are immediately recognizable as abuse. Others leave patients unsure because the conduct occurred during an examination they did not fully understand.

A patient is entitled to question whether touching was medically necessary and appropriate.

Why Many Survivors Stay Silent About Abuse by a Medical Professional

Medical sexual abuse presents circumstances that can make disclosure difficult.

A doctor occupies a position of authority. Patients are accustomed to following instructions, answering intimate questions, removing clothing when requested, and trusting that physical contact has a medical purpose. The Medical Board of California specifically recognizes the patient's vulnerability and the unequal power within the physician-patient relationship.

Afterward, a survivor might question whether they misunderstood what happened. A person who was sedated or unconscious could have incomplete memories. A child or patient with a cognitive disability might not have understood the conduct at the time.

Other survivors fear:

• They will not be believed
• They waited too long to tell anyone
• There is no proof
• Their doctor will deny the allegation
• They will have to discuss private details publicly
• Reporting will affect their medical care
• No one will take action because the accused person is a respected physician

There is no single way that someone is expected to react after sexual abuse. Delayed disclosure does not erase what occurred.

What to Do If You Were Sexually Abused by a Doctor

Your immediate needs come first. If you need medical care, emotional support, or help getting somewhere safe, those needs do not have to wait for a legal decision.

When you are ready, information connected to the incident could become important. That could include patient portal messages, appointment information, medical records already in your possession, bills, photographs, emails, text messages, or communications with the provider or facility.

You also have reporting options in California. Sexual misconduct involving a physician can be reported to the Medical Board of California, and sexual assault can be reported to law enforcement. The Medical Board encourages patients to report physician sexual misconduct so allegations can be investigated, including circumstances in which other complaints involving the same physician have been made.

A civil lawsuit is separate from a Medical Board investigation or criminal prosecution. You can speak with an attorney about your civil rights even if you have not filed a police report or Medical Board complaint.

How Do You Prove Sexual Abuse by a Doctor?

Doctor sexual abuse frequently happens in an examination room or another setting where few people are present. The absence of an eyewitness does not end an investigation.

Depending on the circumstances, an attorney could examine:

• Medical and appointment records
• The stated purpose of the examination or procedure
• Notes describing what examination was performed
• Who else was present
• Communications before or after the appointment
• Facility policies regarding examinations and chaperones
• Employment and credentialing information
• Complaints or disciplinary history that is legally obtainable
• Statements from witnesses or other patients
• Police or Medical Board records when available
• Information showing how the abuse affected the survivor

The investigation can extend beyond proving what the individual provider did. It can also address what the hospital, clinic, medical group, university, or other institution knew about the provider and how it responded to prior concerns.

Who Can Be Held Liable for Medical Sexual Abuse?

The doctor or healthcare professional who committed the abuse could face personal liability. Depending on the facts, responsibility could extend to a hospital, clinic, medical practice, university, or another entity connected to the provider.

Claims against an institution can involve allegations that it:

• Knew about prior complaints or warning signs
• Failed to investigate reported misconduct
• Continued allowing a provider access to patients despite known concerns
• Failed to supervise an employee appropriately
• Negligently hired or retained an employee
• Failed to respond when abuse was reported
• Created circumstances that allowed misconduct to continue

Institutional responsibility was a major issue in litigation involving former USC gynecologist George Tyndall. 

Hodes Milman attorneys Dan Hodes and Jeff Milman were part of the legal team representing survivors in litigation that resulted in an $852 million settlement with USC, which the firm reported as the largest sexual abuse settlement in history at the time. More than 800 women were involved in the settlement.

You Can Talk to Us Privately About What Happened.

You might still be unsure whether the conduct you experienced was medically appropriate, whether enough time has passed to affect your rights, or whether the hospital shares responsibility.

You do not need those answers before contacting Hodes Milman. Call (949) 828-6291 to speak privately with our team, or send us a message to request a confidential case review.

Who Can File a Doctor Sexual Abuse Lawsuit in California?

An adult who was sexually abused by a physician or another healthcare professional could have a civil claim against the person responsible and, in some cases, an institution connected to the abuse.

When the survivor is a child, a parent or legal guardian could pursue a claim on the child's behalf while the child is still a minor. California also has specific laws governing civil claims arising from childhood sexual assault.

The person bringing the lawsuit and the claims available depend on factors such as the survivor's age when the abuse occurred, when it occurred, the identity of the alleged perpetrator, and the involvement of a hospital or other institution.

Families who learn that a child or dependent adult might have been abused should have those circumstances evaluated individually rather than assuming the same rules apply to every survivor.

Time Limits for Filing a Doctor Sexual Abuse Claim in California

California has specific statutes of limitations for civil sexual assault claims.

Under California Code of Civil Procedure § 340.16, an adult survivor generally has the later of:

• 10 years from the date of the last act of sexual assault, or
• Three years from discovering or reasonably discovering that an injury or illness resulted from the sexual assault.

A criminal prosecution or conviction is not required to bring a civil action under this statute. California law also contains special provisions affecting certain previously time-barred claims.

Claims involving sexual abuse that occurred before the survivor turned 18 are governed by different California rules.

The deadline becomes more complicated when a claim also involves a hospital, public institution, employer, or another entity. The date of the abuse and the legal claims asserted also affect which filing rules apply.

A California doctor sexual abuse attorney can review the dates involved and determine which California deadlines apply to the survivor's circumstances.

What Compensation Is Available in a Medical Sexual Abuse Lawsuit?

Sexual abuse by a healthcare professional can affect a survivor's health, work, relationships, finances, and ability to seek medical care afterward.

Depending on the claims and losses involved, compensation could address:

• Counseling and mental health treatment
• Medical treatment
• Lost income
• Reduced earning capacity
• Pain and suffering
• Emotional distress
• Loss of enjoyment of life
• Other financial losses associated with the abuse

Some survivors need ongoing therapy or other care. Others experience disruption to work, education, relationships, or future medical treatment.

California's MICRA law governs noneconomic damages in professional negligence claims against healthcare providers, but sexual assault by a physician is not automatically treated as professional negligence simply because it occurred in a medical setting. The legal basis for the claims needs to be evaluated based on the conduct and defendants involved.

For broader context, a Martindale-Nolo survey of personal injury claimants found that more than nine out of 10 respondents represented by an attorney received compensation, compared with about half of those who handled their claims themselves. 

Even after attorney fees, represented respondents reported average net payouts nearly three times higher. The survey covered personal injury claims generally and does not predict the outcome or value of a medical sexual abuse case.

When Can a Hospital Be Responsible for Sexual Abuse?

A hospital is not necessarily responsible for every intentional act committed by someone who works there. A claim against the institution requires examining its own conduct and its legal relationship with the person accused of abuse.

For example, questions could arise about previous complaints, supervision, hiring and retention, patient-safety procedures, or how administrators responded after misconduct was reported.

This is also relevant when the alleged perpetrator is not a physician. A California hospital sex abuse lawyer can investigate allegations involving nurses, technicians, therapists, aides, employees, and other people who had access to patients through a healthcare facility.

Patient-to-patient sexual assault raises different issues. A hospital or care facility could face allegations involving inadequate supervision or a failure to respond to a known safety risk, depending on the circumstances.

Reporting Doctor Sexual Misconduct in California

The Medical Board of California investigates complaints against licensed physicians, including allegations of sexual misconduct. Complaints can be submitted through the state's BreEZe system or by mail. Sexual misconduct complaints can receive expedited referral for investigation because of their seriousness.

Survivors also have the option of contacting local law enforcement about conduct that could constitute a crime.

A disciplinary complaint, criminal investigation, and civil lawsuit serve different purposes. A Medical Board proceeding addresses professional licensing and discipline. A criminal case is brought by the government. A civil claim seeks legal relief for the survivor.

You do not have to wait for one process to conclude before asking a California hospital sex abuse attorney about your civil legal options.

Hodes Milman's Experience Representing Medical Sexual Abuse Survivors

Medical sexual abuse litigation requires attorneys to handle deeply private allegations while investigating powerful healthcare professionals and institutions.

Dan Hodes and Jeff Milman represented women who accused former USC gynecologist George Tyndall of sexual abuse. Hodes Milman reported that the $852 million settlement reached with USC covered more than 800 women and averaged approximately $1.2 million for the firm's clients involved in the litigation.

That litigation involved allegations spanning years and raised questions about both Tyndall's conduct and USC's response.

For a survivor choosing a California medical sexual abuse lawyer, experience with claims involving institutional defendants is important because the investigation could extend well beyond the person accused of committing the abuse.

Past results do not guarantee the outcome of another case.

Speak With Hodes Milman About Medical Sexual Abuse

You might have known immediately that something was wrong, or you might have started questioning the examination only afterward. You could also be looking for answers because your child or another family member disclosed inappropriate conduct by a healthcare professional.

Hodes Milman represents survivors in sexual abuse claims involving doctors, hospitals, and other medical providers throughout California.

Call (949) 828-6291 for a private consultation, or contact Hodes Milman online to speak with a California doctor sexual abuse lawyer about your legal options.