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.
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
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:
Legal Representation
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!
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
- Hospital Sex Abuse Lawyer
- Dr. Fabio Ortega Sexual Abuse Lawsuit
- Dr. Anderson, University of Michigan Sex Abuse Claims
- Dr. Tyler James Hurst Sexual Assault Lawsuit
- Dr. William Thompson Sexual Abuse Lawsuit
- Dr. Oumair Aejaz Sexual Abuse Lawsuit
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