Sexual Touching by Doctors | Sexual Assault by Physicians

Sexual Assault By Medical Professionals

It is expected that medical professionals will take care of your health and therefore sexual abuse by a medical professional is a serious violation of trust. It is also a severe violation of the law and medical ethics.

You have the following rights during a medical exam at either the doctor’s or the hospital:

• Conclude the exam if you feel uncomfortable: If you feel uncomfortable at any point during the exam you can tell the medical professional examining you and they have to stop what they’re doing or conclude the exam if that is what you wish.
  
  
• You can have someone in the room if you wish: You have the right to ask for a friend, family member, or nurse to be present in the room with you while you are being examined.
  
  
• You have the right to privacy: You should have a private, cordoned off area to change before and after the exam and the exam itself should be conducted in a private space either with a closed door or a drawn curtain.
  
  
• Undressing: You should only be asked to undress the parts of your body that are being examined, there is no need to undress anything that isn’t being examined and you should be allowed to dress yourself again straight away after an exam.
  
  
• Ask for another examiner: You are allowed to request an examiner of a different gender if you would prefer or if an examiner is making you feel uncomfortable you can ask for another examiner completely. In an emergency situation where your life is at risk this may not be possible as the medical duty to save your life takes precedence but in that case you can still ask for someone else to be present such as a nurse or a family member.
  
  
• Have your questions answered: any questions you ask the medical examiner about their actions and their reasons for the actions are required to be answered immediately and truthfully.
  
  
• Religious respect: Unless it compromises your medical care, you should never be asked to remove any religious garments or jewelry or have any requests as to the nature of the exam denied (e.g. Gender of doctor or any medicines or products that need to be avoided)
  
  
• Be provided medical information in your language: Hospitals will have access to interpreters either on site or who are available by phone and most doctors will be able to organize one with a little notice. Sometimes the more notice you can give them the better, but it is within your rights for them to ask to provide you with an interpreter or to bring along someone you trust who can interpret for you.
  
  
• You have a right to have your pain taken seriously: You should be warned if something the examiner is doing might hurt and if you tell the examiner something hurts and ask them to stop they are obligated to stop immediately.
  
  
  

What Are The Rules Surrounding Examination Of Intimate Areas?
It is important to get regular checkups of intimate areas for our overall health and in these cases respect and upholding your trust as a patient are even more important than exams of other body parts. Here we’ll give you a list of what is and isn’t okay in an exam of private parts.

The examiner must:

• Use gloves
• Explain the exam to you
• Respect your wishes for an examiner who is the same gender as you if you have requested it.
• Tell you that it is okay to say something if you feel uncomfortable or in pain.
• Not ask you to undress any other body part than the one being examined.

The examiner must NOT:

• Examine you without gloves
• Decline to answer a question or tell you to be quiet before or during an exam
• Not allow you to have someone else in the room if you ask for it
• Decline to explain what they are doing or why they are doing it
• Ask you any questions about your sex life that make you uncomfortable or do not seem to have any relevance to your exam
• Ask you to uncover other parts of your body that aren’t being examined.

I Want To Prepare My Child For A Medical Exam – What Should I Say?
It is important to discuss what to expect from a medical exam with your child before visiting the doctor so they can spot any wrongdoings. Talk to them about what is okay and not okay, and when doctors might need to touch their private parts and when they definitely shouldn’t be. Tell your child to speak up if they are feeling uncomfortable or are in pain and make sure they feel comfortable discussing it with you before and afterwards.

How Do I Report Medical Sexual Abuse?

• Report the incident to the police either in person or by calling 911
• Contact the medical institution where you experienced the abuse to file a report

File a report with your state’s medical licensing.

Can I sue the doctor for causing me emotion distress and mental anguish? 

Yes. Please call or write to attorney Brad Nakase for free confidential consultation.