A doctor’s office visit requires a level of trust and vulnerability unlike almost any other interaction. If a doctor touched you in a way that felt sexual, unnecessary, or different from what was explained, you may still be trying to understand what happened.
You do not need to decide on your own whether the conduct was “bad enough” to speak with a lawyer. A sexual misconduct attorney can listen, review the circumstances, and explain whether you may have a claim against the provider or a hospital, medical group, or practice. You generally don't need a police report or criminal conviction to ask about your civil options.
At Wisner Baum, the first conversation is private and carries no obligation. You can share as much or as little as you are ready to share. Call (310) 207-3233 or contact us online for a free case review.
What Sexual Abuse by a Doctor Can Look Like
The Federation of State Medical Boards defines physician sexual misconduct as behavior that exploits the doctor-patient relationship in a sexual way. It may be physical or verbal, and it can happen in person, through telehealth, or in messages connected to care.
Conduct that may cross a professional or legal boundary includes:
- Touching the breasts, genitals, buttocks, or another intimate area without a medical reason or the patient’s consent.
- Repeating or prolonging an intimate examination without a legitimate clinical purpose.
- Starting a sensitive examination without explaining what will happen or asking for consent.
- Requiring a patient to undress more than necessary or failing to provide appropriate privacy and draping.
- Making sexual comments, propositions, jokes, or questions unrelated to care.
- Taking or sharing intimate photographs or recordings without appropriate consent.
- Pursuing sexual contact or a sexual relationship through the provider-patient relationship.
- Using telehealth, patient portals, texts, or other communications for sexual conduct or exploitation.
While not every uncomfortable examination is sexual misconduct, discomfort should not be dismissed, especially when the provider did not explain the examination, ask permission, respect a request to stop, or limit touching to what was medically necessary.
Why Physician Sexual Misconduct Can Be Hard to Recognize
The relationship between physician and patient is a unique one. There is an inherent imbalance of power as the patient relies on the provider’s expertise and places trust in their care and treatment. An article in the Journal of Law and the Biosciences speaks to this delicate relationship and its importance, noting that patients often assume that physicians have their best interests at heart, which may make it challenging for them to know or believe that abuse has occurred.
Throughout interactions with a doctor or physician, a patient may need to undress or be sedated. Many patients may be unaware of what is medically necessary during an exam, particularly when it involves intimate contact. In many instances, patients are alone with the provider, adding to the imbalance of power and making it more challenging to know that sexual misconduct occurred.
It is not unusual for patients to have uncertainty about whether an experience with a doctor or healthcare provider was abuse. If there is any question, a confidential consultation with a qualified sexual abuse lawyer can help a patient understand their options.
Medical Settings Where Sexual Abuse by a Doctor Can Occur
Sexual abuse by a doctor or physician is not limited to hospital settings. Abuse can occur anywhere, including at surgical centers, private practices, clinics, and more.
Settings where sexual abuse by a doctor may occur:
- Hospitals
- Doctor offices
- Surgical centers
- Private practices
- Clinics
- Urgent care and rapid care
- OB-GYN and women’s health practices
- Psychiatry offices
- Dental and dermatologist offices
- Physical therapy practices
- Imaging centers
- Outpatient settings
While it is largely believed that sexual misconduct by doctors goes underreported, there is some evidence that certain fields receive more reports of abuse. As reported by the American College of Obstetricians and Gynecologists (ACOG), some evidence suggests that allegations of sexual misconduct are more frequently reported against physicians who practice obstetrics and gynecology, internal medicine, psychiatry, and family medicine.
When sexual abuse cases against doctors were reviewed, they also had several things in common: the alleged offender was generally male and over the age of 39. In 72% of cases involving nonconsensual sex, the alleged offender lacked board certification, and in 85% of cases, examinations occurred without a chaperone.
After reviewing the evidence, the ACOG issued a Committee Opinion on sexual misconduct in the field. It is recommended that any examination requiring intimate contact be conducted with a chaperone in the room.
Who May Be Liable in a Doctor Sexual Abuse Lawsuit
A doctor or other healthcare provider accused of sexual abuse may face personal liability for the harm caused. Depending on the facts, a civil lawsuit may also name the hospital, medical group, clinic, or practice connected to the provider.
An institution may face claims based on its own conduct. For example, a lawsuit may allege that a hospital or medical practice failed to properly screen, credential, supervise, or retain a provider; ignored earlier complaints or warning signs; or failed to take reasonable steps after learning of suspected misconduct. Whether an institution may be held responsible depends on what it knew or should have known, what actions it took, and the law governing the claim.
Under vicarious liability, an employer or other principal may be held legally responsible for certain conduct by an employee or agent acting within the scope of that relationship. A separate doctrine known as ostensible agency may apply when a physician is technically an independent contractor. In Mejia v. Community Hospital of San Bernardino, the California Court of Appeal explained that a hospital may be held responsible when its conduct causes a patient to reasonably believe that a physician is acting on the hospital’s behalf and the patient relies on that apparent relationship.
Employment or affiliation alone does not automatically make a hospital or medical practice liable for a provider’s sexual misconduct. These cases require a careful review of the provider’s relationship with the institution, prior complaints, credentialing and supervision records, institutional policies, and how the organization responded to reported misconduct.
Notable Cases Involving Physician Sexual Abuse
In recent years, allegations against prominent physicians and the institutions that employed them have captured headlines. Many of these cases involved dozens of alleged victims and went on for years without any action being taken against the physician.
Notable cases involving sexual abuse by a doctor:
Dr. Robert Hadden was a prominent OB-GYN at Columbia University and New York-Presbyterian until hundreds of survivors came forward with allegations of severe sexual misconduct. He is serving a 20-year prison sentence after being convicted in federal court. In addition to criminal charges, both Hadden and the institutions that employed him faced civil lawsuits that resulted in multiple settlements. The U.S. Department of Justice reports that the former Columbia-affiliated OB-GYN was convicted in federal court and sentenced to 20 years in prison. Columbia states that settlements with more than 1,000 former patients now total more than $1 billion.
Dr. George Tyndall was a full-time gynecologist at the University of Southern California (USC) when allegations emerged that he had engaged in numerous acts of sexual misconduct with students for decades. Hundreds of former patients accused the former USC gynecologist of sexual misconduct. Tyndall died in 2023 while awaiting trial, so the criminal charges were not adjudicated. USC reports that its combined federal and state civil settlements exceeded $1.1 billion.
Hundreds of women have come forward alleging Dr. Barry Brock, a prominent OB-GYN formerly employed at Cedars-Sinai Medical Center, engaged in sexual misconduct during medical examinations. More than 500 former patients filed civil lawsuits accusing Brock and facilities where he practiced of sexual abuse and related misconduct. Brock has denied the allegations.
These are only a few notable doctors who have been accused of sexual misconduct. In many of these cases, allegations included that the institutions that employed them engaged in decades-long cover-ups despite emerging accusations of abuse or assault. It is important to note that these cases are drawn from public records.
Attorneys with Wisner Baum did not handle these cases, and the results of these past cases do not guarantee or predict individual outcomes in future cases.
Medical Malpractice Caps and Sexual Abuse Claims
California Civil Code section 3333.2 limits non-economic damages in actions against healthcare providers or healthcare institutions that are based on professional negligence. It does not impose the same limit on economic damages.
An intentional tort may fall outside California’s Medical Injury Compensation Reform Act (MICRA), but labeling a claim as sexual battery does not decide whether MICRA applies. Courts examine the substance of the allegations, the nature of the provider’s conduct, and whether the claim arises from professional negligence.
The analysis may differ for each claim and each defendant. Whether MICRA applies to a doctor sexual abuse lawsuit therefore depends on the specific facts and should be evaluated by an attorney.
How Long Do You Have to File a Doctor Sexual Abuse Lawsuit?
Every claim for sexual abuse by a doctor is governed by a state-specific statute of limitations. These legal deadlines can vary significantly. In California, for instance, under section 340.16 of the Code of Civil Procedure, an adult survivor generally has the later of 10 years from the date of the assault or three years from the date that an injury related to the assault was discovered or reasonably could have been discovered.
California lawmakers have also enacted two laws that help to expand the amount of time adult survivors have to come forward; childhood sexual abuse cases are governed separately. These laws recognize that it can take years for a survivor to report the abuse, particularly when there has been a cover-up by an institution or another entity.
AB 2777 provided an extended lookback window for adult sexual abuse claims that occurred on or after January 1, 2009, and were previously barred by the statute of limitations. Under the law, survivors have until December 31, 2026, to file a claim.
AB 250 created a revival period running from January 1, 2026, through December 31, 2027, for certain otherwise time-barred adult sexual-assault and related claims. To revive a claim against an entity, the plaintiff must satisfy the statute’s requirements, including allegations that an entity engaged in a cover-up or attempted cover-up of a previous instance or allegation of sexual assault. The revival provision excludes claims against public entities and does not reopen claims that were litigated to finality or resolved by a qualifying written settlement before January 1, 2026.
To better understand your legal rights, we recommend consulting with an attorney for a free consultation.
Do I Qualify for a Doctor Sexual Abuse Lawsuit?
Sexual abuse survivors often wonder whether they can take legal action against the doctor who committed the abuse or the institution where they worked. The best way to determine whether you or a loved one qualifies for a doctor sexual abuse lawsuit is by consulting with an experienced attorney. It is important to note that qualifications depend on the independent circumstances of the case.
Potential qualifying factors for a doctor sexual abuse lawsuit include:
- Experienced sexual abuse or non-consensual sexual contact by a physician during a medical exam
- The abuse occurred in a medical or outpatient setting
- The abuse occurred within any applicable statute of limitations or is eligible under a revival window.
A survivor does not have to have reported the abuse or have a criminal case to move forward. All consultations are free and confidential.
Compensation in a Doctor Sexual Abuse Lawsuit
Compensation in a doctor sexual abuse lawsuit may include both economic and non-economic damages. Depending on the facts of the case, these damages may not be subject to the cap enforced under MICRA. Damages pursued in a civil lawsuit are separate from any criminal proceedings and depend entirely on the independent facts of the case.
Potential compensation in a doctor sexual abuse lawsuit:
- Economic damages: Compensation for medical and mental health treatment, therapy, lost wages, loss of earning capacity, and other out-of-pocket costs.
- Non-economic damages: Compensation for legally recognized nonfinancial harm, which may include emotional distress and loss of enjoyment of life.
- Punitive damages: Punitive damages are distinct from compensatory damages and may be available only when the plaintiff satisfies the governing legal standard. In California, Civil Code section 3294 generally requires clear and convincing evidence of oppression, fraud, or malice. Additional requirements apply when punitive damages are sought against an employer or other entity.
Steps for Reporting and Pursuing a Claim
The decision whether to report suspected misconduct is personal. A survivor may be able to pursue a civil claim without first making a police report, but a report to law enforcement, a licensing board, or a healthcare institution may trigger a separate investigation. Because legal deadlines continue to run, anyone considering a civil claim should seek state-specific legal advice as soon as they are able.
Reporting options for sexual abuse survivors:
Survivors wishing to discuss their legal options are under no obligation to retain an attorney after a case evaluation. All consultations are free and confidential.
Why Choose Wisner Baum for Your Doctor Sexual Abuse Claim
Wisner Baum has extensive experience holding institutions accountable for their negligence or intentional wrongdoing. The firm has recovered billions on behalf of families nationwide. Our firm is dedicated to pursuing justice for survivors across the country. Cases are handled on a contingency fee basis, meaning there are no fees unless money is recovered on your behalf.
If you believe that you or a loved one experienced sexual abuse by a doctor, contact Wisner Baum at (310) 207-3233 to schedule a free consultation.
