Your Rights as a Patient Who Has Been Sexually Abused

An old woman who was sexually abused as a patient asks about her rights.

As a patient who has been sexually abused in a healthcare setting, you have the right to report the abuse to law enforcement and medical authorities. You also have the right to legal protection, including safeguards under laws like Title IX.

Healthcare providers must create and maintain a safe, harassment-free environment. When they don’t, you may seek compensation for any harm you’ve suffered. An experienced Columbus sexual abuse lawyer will explain your rights in more detail.

Legal Rights of Patients Who Have Experienced Sexual Abuse

Sexual abuse in medical environments is a serious violation of trust and safety, and as a patient, you are protected by laws designed to ensure that your rights are upheld. Your personal injury lawyer will protect your rights throughout the legal process.

Right to File a Report

Reporting abuse helps hold the responsible party accountable and can prevent future incidents. There are two main ways to report sexual abuse: to law enforcement and to medical authorities.

You have the right to report the abuse to local law enforcement authorities, such as the police. They will investigate the incident and, if appropriate, may pursue criminal charges against the perpetrator. The police are required to treat your report seriously and investigate it.

You can also file a complaint with the medical institution where the abuse occurred. This could be a hospital, clinic, or any other healthcare facility. Medical authorities must take your report seriously and investigate the incident. They may take disciplinary action against the healthcare provider involved.

Right to Legal Protection

Patients who have experienced sexual abuse in healthcare settings are protected by several important laws that provide legal rights and remedies. These rules ensure that patients can seek justice and hold perpetrators accountable.

Title IX is a federal law that prohibits discrimination based on sex in educational institutions and any program or activity receiving federal funding. There are many ways to apply Title IX in medical institutions.

Many states also have specific regulations to protect patients from sexual abuse in healthcare settings. These laws vary by state but generally provide additional rights, such as the ability to file complaints with state medical boards or take legal action against healthcare providers.

Right to a Safe Environment

Patients have the right to receive care in a safe, harassment-free environment. Healthcare providers must create and maintain spaces where patients feel safe and respected. This means that hospitals, clinics, and other healthcare facilities must take steps to prevent sexual abuse and harassment.

Right to Compensation

As a patient who has experienced sexual abuse in a healthcare setting, you have the right to seek compensation for the harm you have suffered. Compensation can cover medical expenses, emotional distress, and other costs related to the abuse.

There are several ways to recover compensation:

Civil lawsuits: You have the right to file a civil lawsuit against the healthcare provider or the individual responsible for the abuse.
Criminal prosecution: If the perpetrator is prosecuted and convicted, you may be eligible for restitution as part of the criminal case. This could include compensation for your pain and suffering, as well as other losses related to the abuse.
Insurance claims: In certain cases, you may file an insurance claim through the healthcare provider’s malpractice or liability insurance, which can provide compensation for the harm caused.

Recovering compensation can cover the costs of medical treatment, therapy, and other necessary services. It also serves as a way to hold the responsible parties accountable for their actions.

For a free legal consultation, call 614-481-6000

Defining Sexual Abuse in a Healthcare Setting

Sexual abuse in healthcare environments occurs when a medical professional, caregiver, or any staff member uses their position of trust and authority to exploit or harm a patient sexually. This can happen in hospitals, clinics, therapy sessions, or other healthcare settings where patients may be vulnerable.

Actions that fall under sexual abuse include:

Unwanted touching
Sexual assault or rape
Inappropriate comments or advances
Exhibitionism or voyeurism
Coercion into sexual acts
Exploitation of the patient’s vulnerability
Exposure to explicit content without consent
Threats or manipulation for sexual favors
Unnecessary physical contact during an examination
Use of authority to exploit or pressure the patient

Healthcare professionals are supposed to maintain professional boundaries and respect patient privacy. Any breach of these boundaries that leads to sexual abuse is not only unethical but also illegal. If you are a patient who has been sexually abused, you have the right to seek compensation for the harm you’ve suffered.

Understanding Consent and Boundaries

Consent means that a patient agrees to a medical procedure, examination, or treatment after being fully informed about what will happen, why it’s necessary, and any potential risks.

In a medical setting, boundaries refer to the physical and emotional limits a patient has during an examination or treatment. Healthcare professionals are required to respect these boundaries at all times. For example, a doctor or nurse should explain what they are doing before touching a patient and should never perform an exam or procedure without the patient’s explicit consent.

If a patient feels uncomfortable or does not consent to an action, they have the right to refuse or ask for clarification. Patients should never feel pressured or coerced into agreeing to something they do not feel comfortable with. You have the right to set clear boundaries and to stop or pause any procedure if you feel uncomfortable.

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A Personal Injury Lawyer Will Protect Your Rights as a Patient Who Has Been Sexually Abused

As a patient, you have the right to be treated with respect and dignity in a healthcare setting. If you experience sexual abuse, you have legal protections in place. A compassionate sexual abuse attorney will offer legal guidance.

The team at Cooper Elliott has over 100 years of combined legal experience helping injured victims rebuild their lives. We always represent your best interests. Call today for a free, confidential consultation.

Call or text 614-481-6000 or complete a Free Case Evaluation form

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A Mape

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23:35 03 Aug 24

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21:51 16 Jul 24

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14:54 03 Apr 24

Through the law firm Cooper Elliott, I dealt with attorney, Bart Keyes. Bart was very thorough and understood that I Had no clue of how this process would go. Bart took the time needed to help educate me on this process for a very positive outcome.I can’t thank Bart and the staff at Cooper Elliott enough for all they have done for me. I am now able to move on with my life!

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16:10 08 Dec 23

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08:42 23 Jul 23

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06:30 17 May 23

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What Are My Rights as a Patient Who Has Been Sexually Abused?