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Does Sexual Misconduct Fall Under Medical Malpractice?

Medical Malpractice Lawyer

Sexual misconduct is any type of non-consensual sexual relationship that happens between a doctor and a patient who is under their care. There are many different actions that can be construed as sexual misconduct, some of those are:

  • Your doctor is commenting on your body in a sexual manner, or otherwise providing comments that are sexual in nature.
  • Your physician is asking about your sexual history and their questions are not relevant to the exam or your diagnosis.
  • Your doctor may be doing unnecessary physical examinations.
  • Your physician is inappropriately touching you for extended periods of time, or touching an area of the body that is not part of the medical exam.
  • Your doctor is criticizing your sexual history or orientation.

Patients who are victimized by sexual misconduct deserve to hold the medical professional that was involved accountable for their actions, and you can speak to a medical malpractice lawyer in Philadelphia PA about whether a medical malpractice suit is the right direction for your case. The lawyers at Wieand Law Firm, LLC are always prepared to walk you through the process and advise you to make the best choice for yourself and your case. 

If your physician is using their position of power and authority to make unwelcome and inappropriate sexual contact, or comments, reach out to a medical malpractice lawyer in Philadelphia, PA to discuss the potential of your case. 

How Are Doctors Held Accountable?

Sexual misconduct claims often fall under medical malpractice laws when it is against physician or healthcare providers and workers. However, for the claim to stick, there must have been a standard of care that the physician failed to meet that another doctor in their position would have met. But how is that relevant to sexual misconduct, you ask—well, in sexual misconduct cases, your physician has violated the standard of care and can be held responsible for their actions. You, as a patient, did not expect to go to the hospital or doctor and find yourself feeling violated. 

When it comes to suing in any type of medical malpractice case, your medical malpractice lawyer in Philadelphia, PA will be able to identify everyone involved in the potential case who may be liable for your damages. This claim can be brought against the physician who committed what you have identified as misconduct, though many cases are brought against the medical practice or the hospital where the physician or healthcare worker was working at the time of the alleged misconduct. 

As with most medical malpractice claims, the settlement may vary from thousands of dollars to millions. Each case is unique, and only your medical malpractice lawyer can give you an estimate of what you may earn from a lawsuit of this kind. The types of damages included in these sorts of estimates are economic damages such as lost wages or medical bills caused due to negligent behavior. Non-economic damages are intangible losses such as pain and suffering, loss of consortium and loss of enjoyment in your life. 


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