Fighting for Survivors of Sexual Abuse by Healthcare Providers
Sexual abuse by doctors, nurses, therapists, and other healthcare professionals represents a profound betrayal of trust. When patients seek medical care, they rightfully expect to be treated with dignity and respect. At The Fitch Law Firm, we stand with survivors of medical sexual abuse across New York State, helping them pursue justice and healing.
Sexual abuse in healthcare settings often goes unreported due to shame, fear, and confusion. Medical professionals who commit these violations may have many victims before being caught. If you or someone you love has experienced sexual abuse by a healthcare provider, you’re not alone, and you have legal options.
Understanding Medical Professional Sexual Abuse
Medical professional sexual abuse occurs when healthcare providers exploit their position of trust to engage in unwanted sexual contact, harassment, or misconduct with patients. This abuse can happen in hospitals, private practices, therapy sessions, nursing homes, or any healthcare setting.
“Medical professional sexual misconduct is the violation of a therapeutic relationship through sexual contact, regardless of who initiates the contact or whether consent is claimed.”
Common forms of medical sexual abuse include:
- Unnecessary genital or breast exams
- Inappropriate touching during examinations
- Sexual comments or questions unrelated to medical care
- Taking photos or videos without medical purpose
- Sexual assault or rape during medical procedures
- Sedating patients to commit sexual acts
- Offering medical care in exchange for sexual favors
IMPORTANT: In New York, any sexual contact between a healthcare provider and patient is considered misconduct, regardless of claimed “consent.” The power imbalance in the provider-patient relationship makes true consent impossible.
Types of Cases We Handle
The Fitch Law Firm can represent survivors who have experienced sexual abuse by various medical professionals, including:
| Healthcare Providers | Settings Where Abuse May Occur |
| Physicians and surgeons | Hospitals and medical centers |
| Nurses and nurse practitioners | Private practices |
| Psychiatrists and psychologists | Therapy offices |
| Physical therapists | Rehabilitation facilities |
| Chiropractors | Chiropractic clinics |
| Dentists and dental hygienists | Dental offices |
| Hospital or nursing home staff | Long-term care facilities |
| Radiologic technologists | Imaging centers |
| Anesthesiologists | Surgical centers |
| OB/GYNs and fertility specialists | Women’s health clinics |
Our firm handle cases involving one-time incidents and ongoing patterns of abuse. We recognize that each survivor’s experience is unique, and we tailor our approach to meet your specific needs and goals.
New York Hospitals and Medical Institutions with Reported Abuse Cases
Sexual abuse can occur at any medical institution, regardless of reputation. Some New York medical facilities where patients have reported sexual abuse include:
- NewYork-Presbyterian Hospital system
- NYU Langone Health facilities
- Mount Sinai Health System hospitals
- Northwell Health locations
- SUNY Downstate Medical Center
- Montefiore Medical Center
- NYC Health + Hospitals facilities
- Private practices throughout New York State
Many cases also involve professionals affiliated with major medical associations like the Medical Society of the State of New York (MSSNY), the American Medical Association (AMA), or various specialty boards.
The Scope of Medical Sexual Abuse: Statistics and Impact
Medical professional sexual abuse is more common than many realize. According to a study published in the journal Sexual Abuse, approximately 10% of healthcare professionals self-report having sexual contact with patients, while victim reporting rates suggest even higher numbers.
The Federation of State Medical Boards reports that sexual misconduct is one of the top 10 reasons for disciplinary action against physicians nationwide. However, many cases never reach disciplinary boards.
A particularly disturbing finding from research by the Atlanta Journal-Constitution reveals that more than half of doctors disciplined for sexual misconduct continued practicing medicine, often moving to different states or facilities.
The Impact on Survivors
The trauma of medical sexual abuse often causes severe and lasting effects:
- Post-traumatic stress disorder (PTSD)
- Depression and anxiety
- Trust issues with healthcare providers
- Avoiding necessary medical care
- Self-blame and shame
- Sleep disturbances and nightmares
- Substance abuse as a coping mechanism
According to the American Medical Association Journal of Ethics, survivors of physician sexual abuse often delay seeking medical care for years after their experiences, leading to worsened health outcomes.
Warning Signs of Medical Sexual Abuse
Recognizing potential warning signs can help protect yourself and others. Be wary of healthcare providers who:
⚠️ POTENTIAL RED FLAGS ⚠️
– Conduct examinations without gloves, chaperones, or proper draping
– Make sexual comments or ask personal sexual questions unrelated to care
– Insist on examinations of sensitive areas without clear medical reason
– Schedule appointments at odd hours when few staff are present
– Discourage having another person present during examinations
– Offer free treatments or special “discounts” with unusual conditions
– Unnecessarily ask patients to disrobe or remain disrobed
– Take photographs without clear medical purpose and consent
– Use sedation that seems unnecessary for the procedure
Legal Options for Survivors in New York
Survivors of medical sexual abuse in New York have several legal options:
Civil Lawsuits : You can file a lawsuit against the abuser and potentially the hospital or facility that employed them. Civil cases can provide monetary compensation for damages.
Criminal Charges : While you don’t personally file criminal charges, you can report the abuse to law enforcement. The district attorney’s office decides whether to pursue criminal prosecution.
Licensing Board Complaints : File a complaint with the New York State Office of Professional Medical Conduct (OPMC) or other relevant licensing boards.
Adult Survivors Act Claims : While the lookback window for the Adult Survivors Act closed in November 2023, other extended statute of limitations may apply to your case.
At The Fitch Law Firm, we help survivors understand all available options and develop a strategy that best serves their needs and goals.
The Process of Filing a Medical Sexual Abuse Claim
When you work with The Fitch Law Firm on a medical sexual abuse case, we guide you through every step:
- Confidential Consultation
- Discuss your experience in a safe, private setting
- Learn about your legal options
- No obligation to proceed
- Investigation
- Gather medical records and documentation
- Identify witnesses and prior complaints
- Consult with medical experts
- Documentation
- Work with you to document all impacts of the abuse
- Collaborate with psychological experts
- Calculate all economic and non-economic damages
- Filing
- Prepare comprehensive legal documents
- Identify all potentially responsible parties
- File within appropriate deadlines
- Negotiation
- Engage with defendants and insurers
- Present compelling evidence
- Work toward fair settlement
- Trial Preparation
- If settlement offers are inadequate
- Prepare you for depositions and testimony
- Develop trial strategy and exhibits
- Trial
- Present your case to judge or jury
- Handle all procedural requirements
- Fight for maximum compensation
- Resolution
- Finalize settlement or verdict
- Distribute compensation
- Provide closure and support
Throughout this process, we prioritize your privacy, emotional wellbeing, and need for healing.
Compensation Available to Survivors
Survivors of medical sexual abuse may be entitled to various forms of compensation:
| Type of Damages | Examples |
| Medical Expenses | Treatment for physical injuries, STI testing, emergency care |
| Therapy Costs | Psychological counseling, trauma therapy, support groups |
| Lost Income | Wages lost due to inability to work, reduced earning capacity |
| Pain and Suffering | Physical pain, emotional distress, trauma |
| Loss of Enjoyment | Reduced quality of life, inability to engage in activities |
| Punitive Damages | Additional compensation to punish egregious misconduct |
Each case is unique, and compensation depends on many factors, including the severity of abuse, its impact on your life, and the evidence available.
New York Statutes of Limitations for Medical Sexual Abuse
New York has extended the time limits for filing sexual abuse cases in recent years:
- For criminal cases, most sexual offenses now have no statute of limitations or greatly extended time limits.
- For civil lawsuits, adult survivors generally have three years from the date of the abuse to file a claim.
- For childhood sexual abuse, survivors can file civil claims until they turn 55 years old, thanks to the Child Victims Act.
According to the New York State Unified Court System, these timeframes can be complex, with various exceptions and special rules. We urge you to consult with our attorneys as soon as possible to preserve your legal rights.
Why Choose The Fitch Law Firm
The Fitch Law Firm brings expertise to sexual abuse cases:
Dedicated Experience
Our legal team, led by attorney John Fitch, has over 30 years of experience handling sensitive sexual abuse claims.
Trauma-Informed Approach
Our attorneys receive specialized training in working with trauma survivors, ensuring we provide both legal expertise and appropriate emotional support.
Resources to Challenge Powerful Institutions
We have the financial and investigative resources to stand up to large hospitals, insurance companies, and their legal teams.
Privacy Protection
We implement stringent protocols to protect your identity and personal information throughout the legal process.
No Upfront Costs
We take these cases on a contingency fee basis, meaning you pay nothing unless we recover compensation for you.
Comprehensive Support
We connect clients with trusted therapists, support groups, and other resources to aid in healing beyond the legal process.
Attorney John Fitch has successfully represented survivors of sexual abuse throughout his career, helping clients seek justice while holding perpetrators accountable.
Our Approach to Medical Sexual Abuse Cases
At The Fitch Law Firm, we understand the sensitive nature of medical sexual abuse cases. Our approach is centered on:
“We believe survivors. Every case begins with listening, understanding, and acknowledging the courage it takes to come forward.”
- Believing survivors and validating their experiences
- Maintaining strict confidentiality at every stage
- Conducting thorough investigations to build strong cases
- Working with medical and psychological experts to document harm
- Developing personalized legal strategies based on each client’s goals
- Pursuing all available avenues for accountability and compensation
- Advocating for systemic changes to prevent future abuse
We recognize the courage it takes to come forward after experiencing abuse by a trusted medical professional. Our team is committed to providing both legal excellence and compassionate support throughout the process.
Frequently Asked Questions
Q: Will everyone find out about what happened to me if I file a claim?
A: Privacy is a primary concern. We can often file cases using a pseudonym (Jane or John Doe). Most cases settle confidentially before trial, and we work to protect your identity throughout the process.
Q: What if the abuse happened years ago?
A: New York has extended many statutes of limitations for sexual abuse cases. Even if the abuse occurred many years ago, you may still have legal options. Contact us for a confidential assessment of your specific situation.
Q: Do I have to report to the police to file a civil claim?
A: No. While reporting to law enforcement can strengthen your case, it is not required to pursue a civil lawsuit against the abuser or the institution that employed them.
Q: How much does it cost to hire your firm?
A: We take these cases on a contingency fee basis, meaning you pay nothing upfront. We only receive payment as a percentage of your recovery if we successfully resolve your case.
Q: What if I’m not sure if what happened was abuse?
A: During your confidential consultation, we can help you understand whether what you experienced meets the legal definition of abuse. Many survivors question their experiences due to the manipulation of their abusers.
Contact The Fitch Law Firm for Compassionate Legal Support
If you or someone you love has experienced sexual abuse by a healthcare provider in New York, The Fitch Law Firm is here to help. We offer confidential consultations where you can share your story in a safe, supportive environment.
Our team understands the courage it takes to come forward, and we’re committed to helping you find healing and justice.