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Chicago Doctor Sexual Abuse Attorney

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Jonathan Rosenfeld

J.D

  • Over $450 Million worth of case results

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  • Nationally Recognized in Legal Community
doctor sexual assault lawsuit

Experiencing sexual abuse, particularly at the hands of a trusted healthcare provider, is an experience no one should have to endure. 

It’s understandable that this could severely impact your life, but you don’t have to go through it alone. At Rosenfeld Injury Lawyers, we understand that survivors grapple with deep emotional and psychological wounds in addition to navigating complex legal processes. We’re here to offer our support and professional services while holding responsible parties accountable.

Keep reading to learn more about sexual abuse cases, who could be liable, compensation you may be entitled to through a civil lawsuit, and why you should always work with an attorney. 

Types of Healthcare Professional Sexual Abuse Cases

Healthcare professional sexual abuse encompasses a range of misconduct where a medical professional violates the bounds of the doctor-patient relationship, exploiting the inherent power imbalance for sexual purposes. 

This form of misconduct can manifest in various ways, and our Chicago medical malpractice lawyers handle cases including:

  • Inappropriate touching or physical exam: This involves physical sexual contact that is either not necessary for the patient’s care or is conducted in a sexual manner. It can include touching of genitals without gloves for non-medical reasons, or any contact that feels sexual rather than clinical, regardless of where on the body it is.
  • Sexual comments or suggestions: Medical professionals may make sexual comments, jokes, or suggestive remarks that are inappropriate. This could involve commenting on a patient’s appearance in a sexual way, making lewd jokes, or suggesting sexual relationships.
  • Sexual abuse/assault: In extreme cases, healthcare professional sexual abuse can escalate to sexual assault, where the professional engages in a non-consensual sexual act with the patient. Sexual assault and sexual abuse refers to any forced sexual activity.
  • Exploitation of patient’s emotional vulnerability: Some healthcare professionals may exploit a patient’s emotional vulnerability, using the therapeutic relationship to develop a sexual or romantic relationship. This is a breach of professional ethics and can have significant psychological impacts on the patient, often leading to post-traumatic stress disorder.

Liability for Sexual Abuse Cases Involving Medical Professionals

Identifying and pursuing liability in cases of doctor sexual abuse or sexual harassment is a complex but essential aspect of seeking justice and ensuring such egregious violations do not go unpunished. 

The following are some of the most common parties that are held liable in these situations: 

  • Doctors
  • Nurses and nursing assistants
  • Physical therapists.
  • Psychiatrists and psychologists
  • Hospitals and healthcare institutions
  • Medical boards and licensing bodies
  • Staffing agencies

Damages Our Healthcare Sexual Abuse Lawyers Can Help You Recover

Understanding the full scope of damages you may be entitled to is an important step if you have been a victim of healthcare sexual abuse. Our Chicago sexual abuse lawyers can help you recover various types of damages:

  • Economic Damages: This includes financial compensation for all financial losses resulting from the abuse, such as medical bills and lost wages.
  • Non-Economic Damages: This financial compensation covers more intangible impacts like pain and suffering, emotional distress, and loss of quality of life.
  • Punitive Damages: In some cases, punitive damages can be awarded for particularly egregious behavior on behalf of the defendant. This financial compensation is awarded to punish the defendant and deter future similar behavior from the perpetrators and others.

When suspecting a family member might be a victim of doctor sexual harassment or abuse, it’s important to recognize the potential signs. These can often be subtle and may include:

  • Sudden aversion to visiting the doctor
  • Reluctance to talk about their medical visits
  • Unexplained anxiety or distress around medical topics
  • Secretive behavior regarding  interactions with a specific healthcare professional
  • Physical signs of distress or trauma after medical appointments
  • Expressing discomfort or fear about being alone with a particular doctor
  • Sudden or unexplained changes in behavior or mood following medical appointments
  • Insisting on switching doctors without clear reasons
  • Withdrawal from social activities

It is important to note that this list is not exhaustive. Being vigilant and attentive to these and other unusual behaviors is crucial in helping your loved ones get the help they need if they’re in this situation.

Victims of doctor sexual abuse can suffer a wide range of consequences, spanning physical, psychological, and emotional areas:

  • Physical injuries
  • Psychological impact, like post-traumatic stress disorder (PTSD)
  • Emotional distress
  • Long-term health consequences caused by avoiding doctors
  • Sexually transmitted diseases

The issue of sexual contact perpetrated by healthcare professionals against patients is alarmingly prevalent, as underscored by various studies.:

  • In one study, professional sexual misconduct by healthcare professionals against patients was reported by 56 (4.5%) female and 17 (1.4%) male participants. [1]
  • From January 2003 through September 2013, the U.S. National Practitioner Data Bank (NPDB) reported that 862 physicians had state licensing disciplinary actions because of this type of misconduct, totaling 974 actions. [2]
  • More than 2,400 doctors in the US have been publicly disciplined for sexual assault allegations from patients since 1999, with half of them retaining their licenses. [3]
  • Three hundred former patients of a Chicago gynecologist, Dr. Fabio Ortega, reported abuse and violation in a civil lawsuit that claimed two top Chicago hospitals failed to act on the allegations for decades. [4]

What to Do Following Sexual Assault by a Medical Professional in Chicago, IL

If you or someone you know has been sexually assaulted by a healthcare professional, it’s crucial to know the steps to take immediately following the incident to ensure safety, receive necessary care, and begin the process of seeking justice:

  • Seek immediate medical care from a different provider
  • Preserve evidence and avoid showering
  • Seek mental health support – call the National Sexual Assault Hotline
  • Report the assault if you’re comfortable doing so to initiate a criminal case
  • Consult a personal injury lawyer to discuss a civil lawsuit

Taking these steps can be challenging, but remember, you deserve justice, and you are not alone. 

How Our Chicago Doctor Sexual Abuse Lawyers Can Help

Jonathan Rosenfeld Chicago Personal Injury Lawyer

The dedicated attorneys at Rosenfeld Injury Lawyers are committed to supporting survivors through every step of their recovery and legal process. Our team is well-versed in the nuances of sex abuse cases, ensuring that every legal avenue for compensation and justice is pursued. 

Here’s how we can help:

Our experienced attorneys will offer you compassionate legal representation, ensuring your voice is heard.

Investigation and Evidence Collection

We leverage our resources to conduct thorough investigations, gathering critical evidence to build a strong civil case on your behalf. This includes medical records, witness statements, and any relevant documentation that can support your civil claim.

Negotiation and Litigation

With a deep understanding of doctor sexual abuse and assault laws, our team is prepared to negotiate for fair compensation or take your case to trial if necessary. 

Communicate With Criminal Lawyers on Your Behalf

If you decide you want to press criminal charges for these sex crimes, we can facilitate communication with criminal lawyers on your behalf, ensuring there is a criminal investigation and that your case is represented comprehensively in both a criminal case and civil court.

Filing a Civil Claim When the Medical Professional Was Not Charged With a Crime

When filing a civil claim for healthcare sexual abuse, it’s important to know that there’s a distinction between a criminal case and a civil action. Whether or not the medical professional involved has been criminally charged with a sex crime doesn’t impact your ability to seek justice through civil court.

The state brings criminal charges and requires proof beyond a reasonable doubt to secure a conviction, which can lead to imprisonment and other penalties.

In civil cases, you’re seeking financial compensation from the individual or institution responsible for your harm. The burden of proof is lower in civil court—based on ‘a preponderance of the evidence’ rather than ‘beyond a reasonable doubt’ as it is with criminal charges.

If a criminal matter isn’t pursued or a doctor is found not guilty at trial, you can still file a civil claim, they are entirely unrelated.

The Time You Have to File a Doctor Sexual Abuse Case

In Illinois, the civil statute of limitations for sexual assault and abuse depends on the nature of the offense and the age of the victims of sexual abuse:

Childhood Sexual Abuse

Illinois has eliminated the civil statute of limitations for these cases. This change allows survivors to seek compensation regardless of how long has passed since the abuse occurred.

Adult Sexual Assault

For adult victims of sexual assault, the statute of limitations is typically two years from the date of the incident. However, there is no statute of limitations for filing a civil suit if the assault is considered a Class X felony. Aggravated criminal sexual assault (Illinois’ crime of rape) can be considered a class X felony if the defendant has a previous conviction for sexual assault.

Given the complexities surrounding statutes of limitations, consulting with a lawyer as soon as possible is incredibly important so you don’t lose your chance to recover compensation and seek justice. 

Victim Anonymity in Doctor Sex Abuse Cases

Victim anonymity in doctor sex abuse cases can sometimes be maintained, especially for juvenile victims. The duration and extent of this anonymity depend on various factors, including the jurisdiction and the specifics of the case. 

At some stage, particularly as the case progresses, the defendant and the law firm they’re working with will likely be granted access to the victim’s identity as part of the legal process. 

The Cost of Hiring a Chicago Doctor Sexual Abuse Lawyer

Our law firm works on a contingency fee structure. This means clients pay no upfront fees, and we only collect them if the civil lawsuits are successfully resolved via settlement or trial. The payment comes directly from the award, so nothing ever comes out of your pocket.

Contact a Healthcare Provider Sexual Abuse Attorney Today!

Jonathan Rosenfeld, Chicago Personal Injury Lawyer

If you or someone you care about has been sexually abused by a healthcare provider, it’s crucial to seek trusted legal support. At Rosenfeld Injury Lawyers, we provide compassionate representation as we vigorously advocate for justice and compensation on your behalf. 

Contact us today to schedule a free consultation with an experienced attorney. We’re available 24/7 via our online form or at (888) 424-5757.

Related Practice Areas

Rosenfeld Injury Lawyers

225 W Wacker Dr #1660
Chicago, IL 60606

Phone: (847) 835-8895
Toll Free: (888) 424-5757

We also serve clients from Champaign, Decatur, Naperville, Rockford  and throughout Illinois.

Resources: [1] NIH, [2] NIH, [3] MDLinx, [4] NBC Chicago

Client Reviews

Jonathan Rosenfeld was professionally objective, timely, and knowledgeable. Also, his advice was extremely effective regarding my case. In addition, Jonathan was understanding and patient pertaining to any of my questions or concerns. I was very happy with the end result and I highly recommend Jonathan Rosenfeld.

– Michonne Proulx

Extremely impressed with this law firm. They took control of a bad motorcycle crash that left my uncle seriously injured. Without any guarantee of a financial recovery, they went out and hired accident investigators and engineers to help prove how the accident happened. I am grateful that they worked on a contingency fee basis as there was no way we could have paid for these services on our own.

– Ethan Armstrong

Jonathan Rosenfeld was professionally objective, timely, and knowledgeable. Also, his advice was extremely effective regarding my case. In addition, Jonathan was understanding and patient pertaining to any of my questions or concerns. I was very happy with the end result and I highly recommend Jonathan Rosenfeld.

– Giulia

This lawyer really helped me get compensation for my motorcycle accident case. I know there is no way that I could have gotten anywhere near the amount that Mr. Rosenfeld was able to get to settle my case. Thank you.

– Daniel Kaim

Jonathan did a great job helping my family navigate through a lengthy lawsuit involving my grandmother’s death in a nursing home. Through every step of the case, Jonathan kept my family informed of the progression of the case. Although our case eventually settled at a mediation, I really was impressed at how well prepared Jonathan was to take the case to trial.

– Lisa

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Rosenfeld Injury Lawyers
225 W Wacker Dr #1660
Chicago, IL 60606

Phone: (847) 835-8895
Toll Free: (888) 424-5757

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