Understanding Sexual Harassment or and Sexual Assault by Healthcare Workers: Patient Rights and Legal Options
Sexual harassment or assault by healthcare workers occurs when a healthcare provider exhibits unwelcome sexual behavior toward a patient or inappropriately touches a patient in a sexual manner. Unfortunately, patient harassment by healthcare workers is a reality some face. Patients who experience sexual harassment in healthcare settings may encounter inappropriate verbal remarks, physical contact, or sexual assault.
Healthcare providers—such as doctors, nurses, technicians, therapists, and administrative staff—are trusted professionals responsible for delivering essential medical services, treatment, and care. However, despite this trusted role, some healthcare providers engage in misconduct, violating the trust and safety of their patients. Experiencing sexual harassment by healthcare workers not only breaks professional ethics but also shatters the victim’s sense of safety and security.
Common Forms of Sexual Harassment in Healthcare
- Verbal Harassment: Making inappropriate comments or jokes about a patient’s body, appearance, or sexual orientation.
- Non-Verbal Harassment: Staring, making suggestive gestures, or showing explicit content without consent.
- Physical Harassment: Unwanted touching, groping, or inappropriate physical contact under the pretense of medical procedures.
- Gender Harassment: Behaviors or comments aimed at demeaning a patient based on their gender identity or expression.
Examples of Sexual Harassment by Healthcare Workers
To better understand what sexual harassment by healthcare workers might look like, here are some real-life examples:
- A doctor making sexually suggestive remarks during a routine exam, making the patient feel uncomfortable and afraid.
- A nurse using the excuse of a medical procedure to touch a patient inappropriately or excessively.
- An imaging technician taking advantage of a private setting to make unwanted sexual advances while treating a patient.
- Administrative staff contacting patients outside of professional appointments for inappropriate, personal reasons.
- A healthcare professional standing too close to a patient, creating a sense of discomfort or intimidation.
- Watching a patient undress without any valid medical reason, invading their privacy and trust.
- Examining a patient’s genitals without using gloves, causing discomfort and making the patient feel unsafe.
- Making inappropriate sexual remarks about a patient’s appearance, body, or sexual orientation, leading to embarrassment and distress.
- Using the power of the doctor-patient relationship to try and start a sexual relationship, taking advantage of the patient’s trust.
- Asking for sexual details from a patient that have no relevance to their medical treatment, violating professional boundaries.
Gender-based harassment is also a serious issue in healthcare. Women, non-binary, and LGBTQ+ patients may face inappropriate questions about their gender identity, be denied necessary care, or be targeted because of their gender expression. Such harassment in medical environments can have severe impacts, and victims deserve justice and support.
Derek Smith Law Group has decades of experience as experienced sexual harassment lawyers handling these sensitive cases. We are here to listen, support, and advocate for you. Contact us for a free, confidential consultation at 800.807.2209.
Legal Protections Against Sexual Harassment in Healthcare Settings
Sexual harassment in healthcare is illegal, and patients have rights protected by federal and state laws. Here are some key legal protections:
- State Laws: States have specific laws that protect patients from harassment in healthcare settings, offering ways to file complaints and take legal action against offenders.
- Patient Bill of Rights: This ensures that patients receive respectful and safe treatment. Healthcare facilities must follow these rights, and violations can be grounds for lawsuits.
- Medical Board Rules: State medical boards set standards for healthcare professionals. Misconduct can lead to losing medical licenses or other disciplinary actions.
- Civil Lawsuits: Victims can file civil lawsuits for damages like assault, battery, or emotional distress. Lawsuits can target the healthcare provider or facility if it failed to protect patients.
If you or someone you know has been harassed in a healthcare setting, you have the right to report it and seek justice. Derek Smith Law Group specializes in helping victims of harassment navigate the legal process and fight for their rights.
How Long Do You Have to File a Lawsuit for Sexual Harassment by a Healthcare Worker?
The time limit to file a lawsuit for sexual harassment by a healthcare worker varies based on the state and the type of claim:
- Civil Lawsuits: Typically, states allow 1 to 6 years depending on the specific nature of the claim (e.g., assault, battery, or medical malpractice).
- Criminal Charges: For serious offenses like felony sexual assault, many states have extended or no time limits, while misdemeanor offenses might range from 1 to 3 years.
- EEOC Complaints: For workplace harassment, victims must file within 180 to 300 days, depending on state laws.
Special rules, such as the discovery rule or extended timelines for minors, may apply. It’s best to consult with an attorney to determine the specific deadline for your case.
What to Do if a Patient Experiences Sexual Harassment by a Healthcare Worker
Steps to take if a patient experiences sexual harassment in a healthcare setting:
- Document the Incident: Record the details of the harassment, including the date, time, and specifics of what happened. Keep any evidence such as texts, emails, or witness statements that may support your case.
- Report the Incident: Notify the healthcare facility’s management or patient services, and escalate to the state medical board or law enforcement if necessary. If physical assault or criminal behavior occurs, contact law enforcement immediately.
- Seek Professional Help: Consult with an attorney who specializes in healthcare harassment cases. An experienced attorney can guide you through the legal options available, including filing complaints with regulatory bodies and pursuing a civil lawsuit to seek justice and compensation.
- Take Legal Action: Consult with an experienced sexual harassment attorney for a free, confidential consultation to understand your rights. An attorney can help you file complaints with regulatory agencies or pursue a civil lawsuit to seek justice and compensation.
Here are some frequently asked questions (FAQs) about sexual harassment of patients by healthcare workers:
Sexual harassment by a healthcare worker includes inappropriate comments, physical contact, or any behavior that makes a patient feel uncomfortable or unsafe during medical care.
If a patient experiences sexual harassment, they should document the details of the incident, including the date, time, and any witnesses. Report it to the hospital or medical board and seek legal assistance immediately.
Yes, a patient can sue a hospital or healthcare facility if they are responsible for allowing the harassment to occur or if they failed to protect them. Our experienced attorneys can help clients navigate this process.
Yes, all consultations are confidential, and we offer a free consultation to discuss a client’s case discreetly.
The statute of limitations varies by state and the specific circumstances of the patient’s case. Therefore, it’s important for individuals to consult with an experienced attorney as soon as possible to understand their rights and timeline.
Every case is different. Victims may be entitled to compensation for medical expenses, therapy costs, lost wages, emotional distress, and pain and suffering.
While evidence can strengthen a patient’s case, it is not always necessary to have physical evidence. Documentation of the experience, witness statements, and the attorney’s investigation can help build a strong case. Very often the patient’s word is the only evidence of the sexual harassment or assault, and that is 100% fine. Your own testimony is admissible and worthy of credibility. You do not need to have recordings, or witnesses. Too often, those who have been abused state, “It’s my word against his” or “I have no evidence.” That does not matter. Your own recollection of what happened is evidence and is sufficient to bring a claim.
In some cases, it is possible for a patient to file a lawsuit using pseudonyms or to keep certain details confidential. Our firm can discuss options for protecting their privacy.
We offer compassionate support and aggressive legal representation. With our extensive experience, we can secure compensation for a client’s suffering and hold the responsible parties accountable.
A patient can file a complaint with the hospital or medical facility, report to the state medical board, and consult with an experienced attorney to explore their legal options. Derek Smith Law Group has decades of experience handling such sensitive cases. We are here to listen, support, and fight for patients. Contact us for a free, confidential consultation at 800.807.2209.
Why Choose Derek Smith Law Group for Healthcare Harassment Cases?
Our track record speaks for itself. We have achieved over $400 million in settlements and verdicts for our clients. Since 1995, we have fought for victims of harassment and discrimination, including securing the largest emotional distress award ever upheld in a U.S. employment law case. We provide a safe, welcoming space where you can share your story and receive the support you need with complete confidentiality.
At Derek Smith Law Group, we understand that sexual harassment in healthcare is a serious violation that can deeply affect victims. We offer expert legal representation and compassionate support as we seek justice together. If you or someone you know has been sexually harassed by a healthcare provider, don’t wait—reach out for a free, confidential consultation at 800.807.2209. Let’s work together to restore your safety and hold those responsible accountable.
To ensure everyone has access to justice, we offer legal services in Spanish, French, and other languages. No matter your background or situation, we are here to help.