You sought professional help, only to be violated in one of the most trust-dependent scenarios. We want you to know that your feelings are valid and that what happened to you is not your fault.
Understanding your rights and available options is the first step toward healing and justice. Whether you’re considering holding the perpetrator accountable and seeking compensation for your trauma, Silva Injury Law is here to help you move forward.
Understanding Sexual Assault in a Medical Setting
Sexual assault by a gynecologist constitutes not only a gross violation of your bodily autonomy but also a profound betrayal of trust. This form of assault involves any unwanted sexual act or behavior by a healthcare professional, which can range from inappropriate touching during an examination to more severe forms of sexual misconduct.
Healthcare providers, especially in obstetrics and gynecology, are in a position of significant trust and power. They are expected to adhere to a strict code of ethics and professionalism. When this trust is violated, it doesn’t just cause physical harm; it profoundly impacts the victim’s psychological well-being. The sense of safety and confidence in medical environments can be shattered, leaving lasting emotional scars.
Your Legal Rights and Options When You’ve Been Sexually Assaulted by a Doctor
As a victim of gynecologist abuse, you have the right to pursue legal action. It’s crucial to understand the distinction between criminal charges and civil lawsuits. The state pursues criminal charges and aims to penalize the perpetrator, potentially leading to imprisonment or other criminal penalties. On the other hand, a victim initiates a civil lawsuit and seeks monetary compensation for injuries and suffering.
Civil lawsuits offer a broader scope for justice. They can address the direct impact on your life, covering aspects like medical expenses for physical or psychological treatment, lost wages, and compensation for pain and suffering. Notably, civil cases have a different standard of proof than criminal cases, sometimes making it easier for victims to achieve justice.
Given the complexities of navigating both the emotional and legal aftermath of an OB-GYN sexual assault, it’s paramount to seek professional legal advice. An experienced attorney can clarify your options, the potential outcomes of pursuing a lawsuit, and the support you’ll need through this challenging process.
The Process of Filing a Civil Lawsuit After Being Abused During an Ultrasound
Filing a civil lawsuit for sexual assault involves several critical steps, each requiring careful consideration and execution.
Reporting the Incident to the Authorities
While not a prerequisite for a civil lawsuit, reporting the assault to law enforcement and filing a complaint with the California Medical Board can be crucial. It serves as an official record of the incident and can be instrumental in the civil case. The documentation and any subsequent criminal investigation provide valuable evidence for your civil claim.
Seeking Legal Representation
Finding an attorney experienced in sexual assault cases is vital. An attorney can offer you the guidance needed to navigate the legal system, advocate on your behalf, and help protect your rights throughout the process. They will evaluate your case, advise on the best legal strategy, and discuss the potential outcomes.
Investigation and Evidence Gathering
Your legal team will conduct a thorough investigation into your claims. This involves collecting all available evidence, which may include medical records, witness statements, any communication with the healthcare provider or institution, and the documentation provided by law enforcement. The strength of your case hinges on the quality and amount of evidence you and your legal team can compile.
Filing a Lawsuit Against the Individual and Possibly the Institution
Your attorney will file a lawsuit on your behalf with sufficient evidence. The complaint outlines your allegations against the defendant(s) and the damages you seek. If the institution is believed to have contributed to the assault through negligence or a lack of appropriate action, it may also be named as a defendant in the lawsuit.
This process can be emotionally taxing and complex, highlighting the importance of having experienced legal support. A dedicated legal team guides you through each step and works tirelessly to ensure your voice is heard. Silva Injury Law is committed to providing this level of support, offering compassionate and comprehensive legal assistance to those affected by sexual assault in medical settings.
Why Pursue a Civil Case?
Deciding to pursue a civil lawsuit when you’ve been abused during an ultrasound is a significant step toward not only personal healing but also systemic accountability.
Sexual assault can have profound psychological impacts, leading to conditions such as PTSD, anxiety, and depression. A civil lawsuit allows you to seek compensation for this emotional distress, recognizing the pain and suffering you have endured.
Civil lawsuits are also a powerful tool to hold perpetrators and negligent institutions accountable. They can force institutions to implement policy changes, improving safety and preventing future incidents of sexual assault. They empower victims to take control of their journey to recovery by holding the responsible parties financially accountable.
Contact Silva Injury Law
If you are the victim of a sexual assault by an OB-GYN during an ultrasound, please get in touch with Silva Injury Law. Our compassionate personal injury lawyers can help you decide on the right course of action for your situation. We have years of experience helping victims of sexual assault hold perpetrators accountable. Schedule a consultation to learn more about how we can assist you.