California Lawsuits for Sexual Assault, Abuse & Harassment by Doctors

A lawsuit for sexual abuse, sexual harassment, or sexual assault by doctors is a common type of personal injury claim in California. It can be filed against the doctor, as well as the doctor’s employer.

These lawsuits often happen during or after criminal charges against the doctor. Because it is a civil lawsuit rather than a criminal charge, it seeks monetary compensation for the victim rather than prison.

In this article, our California personal injury lawyers explain:

• 1. Can I sue doctors for sexual assault, abuse, or harassment?
• 2. How are these civil lawsuits different from criminal charges?
• 3. Can I sue my doctor’s employer?
  • 3.1. Negligent hiring or supervision
  • 3.2. Vicarious liability or respondeat superior
• 4. How long do I have to file a lawsuit against a doctor for sexual assault?
• 5. What kind of compensation is available?
• 6. A doctor just assaulted me. What do I do?

1. Can I sue doctors for sexual assault, abuse, or harassment?

Yes, you can sue health care providers in California for committing the following sex crimes against you:

• Rape/sexual assault,
• Statutory rape,
• Sexual battery or assault,
• Indecent exposure,
• Oral copulation by force,
• Forcible penetration with a foreign object,
• Child sexual abuse, and/or
• Any other nonconsensual touching or forceful kissing.

In addition to you (the victim) filing the suit, the following people may also have grounds to file suit:

• Witnesses may have a claim for negligent infliction of emotional distress against the doctor,
• Your spouse or domestic partner can add a loss of consortium element to your lawsuit for the losses they have suffered, and
• Family members or legal heirs may file a wrongful death lawsuit on behalf of a victim who has passed away.

1.1. What are examples of lawsuits against doctors for sexual assault?

Some of the most well-known include:

• USC gynecologist George Tyndall. He worked at the college for almost 30 years, and has now been accused of sexually assaulting hundreds of female patients. Over 700 sexual assault lawsuits have been filed against him and the University of Southern California,¹
• MSU sports physician Larry Nassar. His work included caring for members of the U.S. Women’s Gymnastic Olympic team. 332 women filed lawsuits against him and Michigan State University, and
• USC doctor Dennis Kelly. He has been accused of sexually abusing 48 gay and bisexual men during medical exams.²

These are hardly isolated incidents. According to a 2016 analysis, there were 974 state disciplinary actions stemming from sexual misconduct from January 2003 through September 2013. Meanwhile, a 2017 analysis of 101 cases of sexual abuse by doctors of patients indicated that:

• 33% involved inappropriate touching,
• 31% involved sodomy,
• 16% involved rape,
• 14% involved child molestation, and
• 7% involved consensual sex.³

2. How are these civil lawsuits different from criminal charges?

The most important differences between civil and criminal cases regarding sexual abuse by doctors are summed up in the following table:

CALIFORNIA LAW	Civil Case Against Doctor	Criminal Charge Against Doctor
Who pursues the case?	Victim, or someone on behalf of the victim	Prosecutor (a government employee)
What is the focus of the case?	Compensating the victim with money	Punishing wrongdoers with incarceration and fines
What happens if the doctor loses?	Victim recovers monetary compensation	Doctor pays fines to the state and likely goes to prison
What is the burden of proof?	Preponderance of the evidence (about 51% certainty)	Beyond a reasonable doubt (about 98% certainty)

If your doctor gets convicted on a criminal charge, you can use that conviction as evidence in your civil claim against them. Though it is still possible to win a civil lawsuit if your doctor escapes criminal liability: This is because the standard of proof to win a civil lawsuit is much lower than it is to get a criminal conviction.

3. Can I sue my doctor’s employer?

In addition to suing the doctor who sexually abused you, you also may be able to sue their employer. This can be their:

• Hospital,
• Clinic or other healthcare facility,
• Office, or
• College or university.

The benefit of suing their employer is that they often have much deeper pockets than the doctor themself and can offer a bigger payout.

There are two legal theories under which you can sue your doctor’s employer:

1. Negligent hiring or supervision, or
2. Vicarious liability, also known as respondeat superior.

3.1. Negligent hiring or supervision

Employers are obligated to use due diligence and follow any applicable state and federal guidelines when hiring medical professionals. To succeed on a negligent hiring claim in California, you have to show:

1. The doctor was unfit for the job they were hired to do,
2. The doctor’s employer should have known that the doctor was a risk to patients,
3. The doctor’s unfitness was what hurt you, and
4. The employer’s negligent hiring, supervising, or retaining was a substantial factor in causing your harm.⁴

By showing that the employer created a particular risk or hazard by hiring or keeping the doctor, you can extend liability to them.⁵ The fact that the doctor’s sexual assault was intentional does not absolve the employer.⁶

Example: Sexual assault victims sued both Larry Nassar and his employer, Michigan State University. The victims showed that the school was aware of Nassar’s conduct. MSU settled the lawsuits for $500 million.⁷

3.2. Vicarious liability or respondeat superior

You can also argue that the employer should be held vicariously liable for the doctor’s sexual abuse. This argument uses the legal idea of respondeat superior, which is Latin for “let the boss answer.” It claims that the employer should be held responsible because the doctor was on the job.

Vicarious liability is a more difficult argument to make. Employers are rarely held liable for the crimes of their employees.⁸ These crimes are often said to fall outside the scope of the doctor’s employment.

4. How long do I have to file a lawsuit against a doctor for sexual assault?

In California, you typically have 2 years from the date of the assault to file a civil lawsuit.⁹ The only exception to this statute of limitations is if the doctor was later convicted of a felony sex crime: This opens a 1-year window beginning on the day of the judgment for a lawsuit to be filed.¹⁰

If you were assaulted as a child (under 18 years old), you can sue until the later of:

• your 26^th birthday, or
• 3 years after discovering that a psychological illness that occurred after you turned 18 was the result of sexual abuse.¹¹

5. What kind of compensation is available?

Lawsuits against doctors for sexual harassment, abuse, or assault seek compensatory damages to cover your:

• Medical bills, including the costs of caring for and treating emotional and mental trauma from the incident,
• Wages lost during the recovery process,
• Earning capacity lost from the assault,
• Physical pain,
• Mental suffering and anguish,
• Loss of life’s enjoyments,
• Other financial losses associated with the assault and your recovery, and
• Loss of consortium for your family.

The more severe the injuries, the higher the payout.

Many lawsuits against doctors for sexual assault also demand punitive damages. Punitive damages are awarded to punish doctors and employers for especially bad behavior.

6. A doctor just assaulted me. What should I do?

Although seeing another doctor may be the last thing you want after being victimized, it is usually wise to seek medical assistance as soon as possible. In an effort to preserve evidence, do not bathe until after the doctor (or their trained staff) performs a rape kit. The doctor can also examine you for injuries and test for sexually transmitted infections.

At that point, you can file a police report to start a criminal investigation. You can also file a complaint with the Medical Board of California in an effort to get the doctor’s license suspended or revoked.

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