Doctor Sexual Abuse Lawyer

Meet Our Lead Sexual Abuse Attorney, Thomas P. Giuffra

Thomas P. Giuffra has been called “a most outstanding advocate for his clients and a most formidable adversary for anyone up against him” by his peers and has received international acclaim for his outstanding work. Tom specializes in high-profile cases involving sexual abuse and has successfully represented clients in cases against Dr. Darius Paduch, Dr. Robert Hadden and Harvey Weinstein.

Tom’s unique approach to representation ensures that each client receives the individualized attention they deserve, staunch legal advocacy and expert advice. He strives to secure the maximum compensation available through thorough investigation, hiring experts to strengthen cases and not taking the easy way to settlements. Learn more about Tom.

Recent NYC Physician Sexual Abuse Cases

In recent years, there have been several high-profile cases of doctor sexual abuse and assault in New York:

• Darius Paduch, a prominent urologist, was accused of sexually abusing multiple patients under the guise of medical treatment.
• David Newman was convicted of sexually assaulting several patients at Mount Sinai Hospital in Manhattan.
• Columbia University gynecologist Robert Hadden was convicted of federal sexual abuse charges in January 2023.

These are just a few examples of the many doctor sexual abuse cases that have taken place in New York City. Unfortunately, these cases are not as rare as one might hope, and anyone who has been sexually assaulted by a doctor should not hesitate to reach out for help.

Our sexual assault lawyers are prepared to go the distance for victims of medical practitioner sexual abuse. If you or a loved one has experienced sexual abuse at the hands of a physician, please call our firm at (212) 684-1880 for a confidential and no-obligation consultation.

Urgent: Statute of Limitations and the Victims of Gender-Motivated Violence Protection Law

NYC’s Victims of Gender-Motivated Violence Protection Law [2000]

The Adult Survivors Act [2022]

The Child Victims Act [2019]

The Child Victims Act of 2019 (CVA) extended the statute of limitations for child sex abuse survivors. Prior to the CVA, the deadline for survivors to file a lawsuit against their abuser was one to five years after turning 18. Survivors may now file civil lawsuits against their abusers until they reach the age of 55. Similar to the ASA, survivors can also file claims against institutions that should have been aware of the abuse.

Signs of Doctor Sexual Abuse 

Doctor sexual abuse of patients involves inappropriate, non-consensual actions by a healthcare provider during medical care, often exploiting the trust and vulnerability inherent in the doctor-patient relationship. This abuse can include unwarranted physical contact, invasive examinations without proper consent, or verbal and emotional misconduct of a sexual nature.  

These actions violate ethical and legal standards, causing profound physical and emotional harm to victims. Healthcare systems and regulatory bodies are tasked with ensuring accountability, while victims have the right to report incidents and seek legal recourse to address their trauma and hold perpetrators accountable. 

Doctor sexual abuse can occur in any medical facility, ranging from hospitals and private practices to urgent care and mental health centers.  

What Qualifies as Doctor Sex Abuse?

The following activities are potential red flags indicating the doctor may be acting in a sexually abusive manner:  

• Making inappropriate comments or sexual advances
• Taking photos of a patient without consent
• Refusing to provide a dressing gown
• Inappropriate touching during an examination or outside of it
• Forcing or coercing a patient to undress body parts that are not pertinent to the procedure
• Overmedicating a patient to make it easier to commit sexual misconduct
• Attempting or committing rape of any kind – vaginal, anal, oral
• Bargaining sexual favors in exchange for treatment, medication, or money
• Performing unnecessary intimate physical examinations
• Not wearing gloves during an examination
• Not allowing another person, such as a nurse, in the room during an examination
• Not answering your questions regarding your examination or treatment
• And others

Doctor sexual assault and abuse cases are typically defined as “intentional conduct,” not negligence. Since most medical malpractice insurance policies explicitly exclude liability for an intentional act like sexual assault, doctor sex abuse claims are often complex. For more information, read our article “What Is Considered Sexually Abusive Behavior From a Doctor?”

It is vital to hire an aggressive and experienced attorney who knows how to navigate the legal nuances so you can focus on your emotional and physical health. Reach out to our firm today for a free and confidential consultation.

Victims Have the Right to File a Civil Lawsuit

Doctor sexual assault is a crime. A doctor who abuses patients can face imprisonment, have their medical license revoked and become a registered sex offender for life.

If you report the assault to the police, they will write up a report and investigate your claims. Whether the accused will face criminal charges is ultimately up to the district attorney.

However, victims have the power to pursue a civil claim against the doctor regardless of what steps, if any, are taken by law enforcement.

Civil Versus Criminal Cases

Sexual abuse is a criminal offense that can lead to prison sentences and sex offender registration. However, survivors of sexual abuse or assault can also file civil lawsuits to seek financial compensation for damages, including medical costs and non-economic damages like emotional distress. Civil claims provide an avenue for victims to pursue justice outside of criminal court and hold perpetrators and third parties accountable for negligence that may have contributed to the abuse.

Compensation Available to Victims of Physician Sexual Abuse

A lawsuit/civil claim enables you to pursue compensation for the financial and emotional costs resulting from the abuse. Damages that may be recovered include:

• Pain and suffering
• IIED (intentional infliction of emotional distress)
• Counseling and/or therapy costs
• Lost wages or income
• Loss of quality of life
• Punitive damages (in some cases)

The amount of compensation available in a doctor sexual abuse case will depend on several factors, including but not limited to:

• The extent of physical and emotional injuries suffered by the plaintiff
• Whether or not there were any other contributing factors
• Any prior history of similar conduct by the doctor in question

Though no amount of money can take away the pain and distress of being sexually abused, money recovered from a lawsuit can help survivors pursue optimal emotional, psychological and physical care. For a free case review, please contact our attorneys today.

Who Can File a Sexual Assault Lawsuit Against a Doctor?

Anyone who has been emotionally or physically injured by unwanted sexual contact or inappropriate behavior by a physician can file a lawsuit. In some cases, witnesses to the abuse may also be eligible to file a lawsuit for negligent affliction of emotional distress against the doctor. Additionally, the spouse or domestic partner of the abused person can add a loss of consortium element to the lawsuit for the losses they have suffered.

What If My Dependent Was Assaulted?

When a child, an adult with special needs, or an older person is a victim of doctor sexual abuse, the victim’s family has the power to file a civil lawsuit on their behalf.

What If the Hospital Was Aware of the Abuse?

In some physician sexual abuse cases, victims may be able to seek compensation from a third party if they can prove that the third party had prior knowledge of the abuse and did not act to prevent it. Liable parties could include:

• Hospitals
• Universities
• Religious organizations
• Any other institution that had knowledge of the doctor’s past behavior

 Gathering Evidence 

If patients suspect their doctor is behaving inappropriately, they can collect evidence to support their claims while ensuring their safety. Patients should document the incidents in detail, including dates, times, locations, and specific behaviors or comments that felt inappropriate.  

Retaining records of all communications, including emails, texts, or written instructions, can also be valuable. Patients should report their concerns to law enforcement or licensing boards. 

Patients can photograph any bruising, abrasions, or similar injuries caused by the sexual assault. They can also obtain the names and contact information of any witnesses.  

Tips for Preserving Evidence If You Suspect Abuse 

If there is physical evidence related to sexual abuse by a doctor, it is crucial to preserve it properly to support your case. It can be beneficial to victims of sexual abuse to confide with a trusted loved one and proceed with the following together.  

Here are steps to handle such evidence: 

1. Do Not Alter the Evidence: Avoid washing, discarding, or tampering with any items that may serve as evidence, such as clothing, linens, or personal items that could contain DNA or other physical proof. 
2. Preserve the Evidence Safely: Store physical items in a clean, dry place. For example, place clothing in a paper bag (not plastic, as it can degrade biological evidence) to maintain its integrity. 
3. In the Case of Rape, Seek Medical Attention Immediately: Visit a healthcare provider or rape crisis center to document injuries and collect evidence professionally. A Sexual Assault Forensic Examination (SAFE) can secure biological evidence such as DNA. 
4. Report the Incident: Contact law enforcement or the appropriate regulatory body to ensure the evidence is collected and appropriately documented as part of an investigation. 
5. Inform Your Attorney: Share any physical evidence with a New York doctor sexual abuse lawyer to help them build a strong case and ensure proper chain-of-custody procedures are followed. 

Preserving physical evidence is critical in proving abuse and holding the responsible party accountable, so take prompt and careful action to protect its integrity. 

Pursuing a Doctor Sexual Abuse Lawsuit 

Consult our team. We will evaluate the details of your case, explain your legal options, and guide you through the process. Collect any evidence to support your claim, such as medical records, photographs, documented incidents, witness statements, physical evidence, or communications from the doctor. Evidence is critical in proving misconduct and its impact on your life. 

We will draft and file a complaint in civil court, outlining the abuse and its effects on you. This lawsuit may seek compensation for medical expenses, emotional distress, lost income, and other damages. 

Holding Doctors and Medical Institutions Accountable 

An NYC sexual assault lawyer at Rheingold Giuffra Ruffo Plotkin & Hellman LLP has the experience and track record to hold the doctors and medical institutions involved in your case accountable. We can help you receive the justice you deserve.  

Liability of Individual Doctors 

A civil lawsuit can hold the individual physician financially liable for patient sexual abuse. Doctors typically carry medical malpractice insurance, which may provide coverage for sexual abuse allegations under certain circumstances.  

Hospital and Clinic Accountability 

Hospitals and clinics may prove liable if a doctor under their employment inappropriately touches or gropes a patient or if the physician makes inappropriate sexual comments. If the hospital or clinic knows or should have known that the doctor was sexually abusing patients and failed to act, your attorney may hold them accountable.  

Do Not Let Them Intimidate You

Many predatory doctors use threats, coercion, deception or bribery in an attempt to silence their victims. This causes victims to question themselves. They wonder: Was what I experienced really sexual abuse? Was it illegal? What will happen to me if I speak up?

Even if your doctor is causing you to doubt your experience, it is crucial that you speak up and stay strong. Remember, the law is on your side. Moreover, sexual abusers are often repeat offenders. When you pursue legal action, you pursue justice for yourself and ensure the practitioner will not be able to repeat their deplorable actions with other patients.

How to Report Doctor Sexual Abuse in New York 

Filing a report about doctor sexual abuse in New York involves four steps to ensure the appropriate authorities are notified, and the case is properly investigated. Here’s how to proceed: 

File a Complaint with the New York State Department of Health (NYSDOH)

• Visit the NYSDOH Office of Professional Medical Conduct (OPMC) website or call them at 1-800-663-6114 to file a complaint. 
• Submit a detailed written account of the abuse, including the doctor’s name, location, and a description of the incident(s). 
• Attach any supporting evidence, such as medical records, communications, or witness statements. 
• Save a copy of the complaint and when it was submitted to the NYSDOH.  

Report to Law Enforcement

• Contact your local police department or district attorney’s office to report the abuse as a potential criminal offense. 
• Provide them with all relevant details and evidence to initiate a formal investigation. 

File a Complaint with the Facility or Employer

• If the doctor works for a hospital, clinic, or medical group, notify the administration or patient relations department to report the misconduct. This ensures the facility is aware of the behavior and may trigger an internal investigation. 

Notify Licensing Boards

• File a complaint with the New York State Board for Professional Medical Conduct, which oversees physicians’ licenses. This could lead to disciplinary action, including suspension or revocation of the doctor’s medical license. 

Our Attorneys Help Survivors Seek Justice

When a physician you trust abuses you, you need a lawyer that is experienced in cases of this matter to aggressively stand up for your legal rights.

If you were sexually assaulted by a doctor, our firm is prepared to investigate all avenues for compensation. We will alert the appropriate authorities and work to prove what happened by gathering witness statements from other medical professionals or patients, surveillance footage, medical records, psych evaluations, and more.