Here’s the scenario:

A gentleman wrote in seeking legal representation for a sexual harassment complaint he had against a doctor he saw under emergency care. This gentleman was admitted to the hospital in the morning due to abnormal breathing, and he recalls nine doctor visits when he was inappropriately touched. From the doctor “touching [his] arm and chest in a caressing manner” while examining him to “pressing his erect penis against [his] foot,” he was able to vividly recount all of the details pertaining to his visits. He describes that the doctor adjusted his underwear to press on his stomach for abdominal pain, and during part of this examination, the doctor apparently pressed one hand on his stomach area and another on his penis.

That evening, he reported the incident to the administrator and police on duty. One of the main questions that came out during the investigation was “why did [he] wait so long to inform someone?” He replied that he wanted to be absolutely certain that what transpired actually did transpire because he didn’t want to wrongfully accuse a physician of something that wasn’t true. He also noted that the doctor did not wear gloves at any point during his visits and that there were no witnesses.

Our thoughts*:

Going to visit the doctor isn’t always a walk in the park. There will sometimes be awkward, uncomfortable moments because let’s be honest, no one likes the feeling of 1.) not knowing what’s wrong with them and 2.) leaving it up to another person to figure it out. That’s why there’s a level of trust that we place in our doctors – to not misuse or abuse our reliance on them in that moment and to hopefully correctly diagnose our problem.

That said, although this gentleman provided a thorough, detailed account of what happened, it was only according to his view. Given that no one else was in the room to witness the doctor’s “caressing manner” and “erect penis” it’s hard to prove that he has a case. The majority of the information in his account really just seemed like the discomfort of a physical exam and the awkwardness of body parts accidently brushing one another.

I took a look at the public records of the doctor he wrote in about on the state’s Department of Financial and Professional Regulation website, and his record is completely clear. He is actively practicing medicine with no legal or disciplinary actions on his record.

Of course, legitimate cases of sexual harassment by a medical practitioner can be a very serious matter. If you or someone you know has been sexually harassed by a medical practitioner, follow the steps below to protect yourself.

-    Say no. Explicitly tell that person that their behavior is making you uncomfortable.

-    Tell someone else – a friend or a supervisor.

-    Keep a record of events supported with dates and witnesses.

-    File a formal compliant.

What do you think?

Is this a genuine case of sexual harassment at the hands of a medical practitioner or is this an example of just how awkward and uncomfortable physical exams can be?

Please leave a comment below.

Posted by Adrienne on October 22, 2009 at 12:46 pm.

* Our in house attorneys helped us formulate this opinion. Although this is advice from lawyer(s), this is not legal advice. Always consult a lawyer for legal matters.

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