When a healthcare worker deviates from the usual standard of care, resulting in harm to a patient in their care, it is normally considered malpractice. Sometimes, the actions go beyond malpractice, such as when medical professionals sexually abuse or sexually assault their patients. Sexual misconduct is not a mistake, error, or accident—it is an intentional violation of a patient’s bodily autonomy and more. It can leave victims with lifelong emotional damage and —in some cases—can even result in physical effects, as well.
Because medical professionals are in an elevated position of trust, people are more likely to comply with their requests, even if those requests make someone feel uncomfortable. The realization that behavior was harassment or assault may take a while to process. A Philadelphia healthcare worker sexual assault lawyer from Marrone Law Firm, LLC can help you evaluate the behavior and seek justice for any sexual abuse or harassment. Schedule a case evaluation with a personal injury attorney to find out more.
When people are in relative positions of equality, there are many gray areas in what is considered acceptable behavior. Someone being creepy and making a person feel uncomfortable in a social context, while inappropriate, is not the same as that behavior in a patient-provider context.
The state has several laws that address sexual misconduct by a medical practitioner. In addition to patients, medical practitioners are prohibited from engaging in sexual exploitation with patients, former patients, and even the family members of patients. Consent is not a defense because the presumption is that people in vulnerable positions are unable to legally consent. The only exception to this is when the patient is also the medical professional’s spouse. In those instances, only the standard sexual assault laws and rules would apply.
The criminal law also addresses sexual assault in a medical context. Penetrating the genitals or anus for a purpose other than medical purposes would be an assault. A medical practitioner who engages in such behavior under a pretextual reason that does not actually benefit the patient could be guilty of a crime.
Other behaviors that might violate ethical codes or criminal laws include having patients disrobe when not necessary, inappropriate touching, sexual comments, and similar harassing behavior. A Philadelphia attorney who handles cases of sexual assault and misconduct by healthcare workers can help people evaluate inappropriate behavior.
While there is a power imbalance in every patient-provider relationship, predatory medical professionals tend to target the most vulnerable victims. Providers generally have the opportunity to learn substantial information about potential victims while providing care, which lets them assess which victims they think are less likely to report the behavior. As a result, victims may fall into the most vulnerable categories.
For example, for many older individuals and people from specific communities, there is still a stigma associated with being a victim of a sexual assault. A doctor might choose to target those individuals because of their assumption that they will not report an assault. Children are in the same scenario. Not only are they less likely to report abuse, they may not have the knowledge or life experience to understand when behavior is inappropriate.
Patients who are unlikely to be believed may be the most vulnerable. Anyone with cognitive difficulties or mental health issues is at a higher risk. A Philadelphia attorney who handles cases of sexual assault by healthcare workers understands that these events happen, and we will help you explore your remedies.
It is not unusual for other healthcare workers or facilities to help cover up the abuse. There is a hierarchy among healthcare workers which may prevent other workers from reporting abuse. Healthcare facilities—scared of financial liability—may deny and even help cover up sexual abuse by their medical professionals.
A Philadelphia attorney who focuses on sexual assault by medical professionals expects these tactics. They can help victims hold medical workers—and healthcare facilities—responsible for sexual misconduct.
Patients rely on healthcare workers to take care of their physical, mental, and emotional health. When a healthcare worker betrays that trust, you may face a double betrayal. In addition to recovering from a sexual assault, you have to struggle with being able to trust these people in the future.
We understand that this can make it challenging to reach out to a Philadelphia healthcare worker sexual assault lawyer. At Marrone Law Firm, LLC, we not only help you with your case but also help you rebuild your trust in professionals. Contact us to learn more.