What Rights Do Survivors of Medical Abuse Have?

What Rights Do Survivors of Medical Abuse Have?

The devastating breach of trust that comes with medical sexual abuse can leave survivors grappling with both physical and emotional scars. Whether it manifests as sexual misconduct, negligence, or psychological abuse, it can leave profound and long-lasting impacts.

Survivors have the right to report the abuse, seek legal action, and receive the necessary medical and psychological support to recover. By taking action, survivors can not only seek justice for themselves but also help prevent future abuse by holding perpetrators accountable.

Call us at (209) 283-2205 to discuss how we can assist you in obtaining the compensation needed for your recovery, holding the perpetrators and their employers accountable, and ensuring justice is served.

What Is Medical Abuse?

Medical abuse encompasses various forms of misconduct by healthcare professionals. According to the American Medical Association, here are some of the key aspects of medical abuse:

Types of Medical Abuse

1. Sexual Abuse by Medical Professionals
   • Sexual abuse in a medical setting includes inappropriate touching, unnecessary examinations of private parts, and any form of sexual assault during medical procedures. This form of abuse is a severe breach of trust and professional ethics.
2. Negligence and Improper Care
   • Medical negligence occurs when healthcare providers fail to meet the standard of care and harm the patient. This can include misdiagnosis, surgical errors, and failure to provide adequate care​.
3. Emotional and Psychological Abuse
   • Emotional and psychological abuse involves behaviors such as belittling, intimidating, or manipulating patients. This can lead to significant psychological trauma and affect the patient’s overall well-being​.

Common Signs of Medical Abuse

Recognizing the signs of medical abuse is the first step toward addressing it. Here are some indicators:

1. Unnecessary Physical Exams
   • One of the most apparent signs of medical abuse is receiving physical exams that are not medically necessary, especially of private areas. These exams can feel intrusive and uncomfortable, leading to significant emotional distress​.
2. Lack of Informed Consent
   • Procedures and treatments should always happen with the patient’s informed consent. A lack of informed consent occurs when patients are not fully informed about the procedures, their risks, and alternatives, or when medical staff perform procedures against their will. This is a fundamental violation of patient rights and medical ethics.
3. Verbal Abuse and Intimidation
   • Healthcare providers may use threatening language, demean patients, or coerce them into compliance. Verbal abuse can include yelling, belittling comments, or threats to withhold necessary medical care if the patient does not comply with certain demands.
4. Unprofessional Behavior
   • Any unprofessional behavior from healthcare providers, such as making inappropriate comments, displaying hostile attitudes, or acting condescendingly, can signal medical abuse. This behavior can erode the trust and safety patients should feel when seeking medical care​​.
5. Manipulation and Coercion
   • Patients may be manipulated or coerced into agreeing to unnecessary treatments or procedures. This can involve using fear tactics or presenting false information to pressure patients into compliance.
6. Physical Harm or Unexplained Injuries
   • Unexplained injuries or physical harm resulting from unnecessary procedures can also indicate medical abuse. This includes any form of physical harm that the patient's medical condition or treatment plan​ cannot justify the use of.
7. Emotional Distress
   • Victims of medical abuse often experience significant emotional distress, including anxiety, depression, and PTSD. This distress can come from the abuse itself or the ongoing fear and mistrust of medical professionals that results from the abuse​​.

Legal Rights of Medical Abuse Survivors

Survivors of medical abuse have several legal rights designed to protect them and help them seek justice, including:

Right to Report Abuse

1. Reporting to Law Enforcement
   • Survivors have the right to report medical abuse to local law enforcement authorities. This initiates a criminal investigation into the allegations, which can lead to criminal charges against the abuser. Filing a police report also creates an official record of the abuse.
2. Filing Complaints with Medical Boards
   • Survivors can file complaints with state medical boards or regulatory agencies. These boards can investigate the misconduct, discipline the offending medical professionals, and potentially revoke their medical licenses. This step prevents the abuser from continuing to practice and protects other patients.

Right to Medical Care and Privacy

1. Ensuring Proper Conduct During Exams
   • Medical professionals must treat patients with respect and dignity during examinations. This includes having a chaperone present during exams, especially those involving private areas, and ensuring that all procedures are explained and consented to before being carried out. Patients can request the presence of a nurse, family member, or friend during examinations to ensure their comfort and safety.
2. Privacy and Confidentiality During Medical Procedures
   • Medical professionals must maintain the confidentiality of patient information and ensure privacy during medical procedures. This includes conducting examinations in private rooms, properly using gowns or drapes, and limiting the exposure of the patient's body to only what is necessary for the procedure. Individuals have the right to report breaches of confidentiality and privacy, which are considered serious violations of medical ethics​.

Right to Seek Legal Action

1. Filing Civil Lawsuits for Damages
   • Survivors of medical abuse have the right to file civil lawsuits against the offending medical professionals and their employers. These lawsuits can seek compensation for various damages, including medical expenses, lost wages, pain and suffering, and emotional distress. Civil litigation can provide financial relief and hold abusers accountable for their actions​.
2. Statute of Limitations for Medical Abuse Cases
   • Survivors should be aware of the statute of limitations for filing lawsuits related to medical abuse. The statute of limitations varies by state and type of abuse but generally ranges from one to six years. Failing to file within this period can result in the loss of the right to seek legal recourse. Consulting with a personal injury lawyer can help survivors understand the specific time limits applicable to their case​​.

Federal Laws Protecting Survivors

1. The Health Insurance Portability and Accountability Act (HIPAA)
   • HIPAA provides national standards to protect patients' medical records and other personal health information. It ensures that patients' information remains confidential and secure, and it gives patients rights over their health information, including the right to examine and obtain a copy of their health records and request corrections​.
2. The Patient Safety and Quality Improvement Act (PSQIA)
   • The PSQIA encourages voluntary and confidential reporting of events that adversely affect patients. It aims to improve patient safety by providing legal protections for individuals who report unsafe conditions or practices within the healthcare system​.
3. The Civil Rights Act of 1964, Title VI
   • This federal law prohibits discrimination based on race, color, or national origin in programs and activities receiving federal financial assistance. This includes healthcare facilities, ensuring that all patients receive fair and equal treatment regardless of their background.

Steps to Take After Experiencing Medical Abuse

To safeguard your well-being and set the stage for building a strong case against the abuser, we recommend taking the following steps:

Immediate Actions

1. Documenting the Abuse
   • Keep a detailed record of the abuse, including dates, times, locations, and descriptions of what happened. Note the names of any witnesses or individuals present during the incidents. Documentation can include written notes, photographs, and any physical evidence of the abuse.
2. Seeking Medical Attention from Another Provider
   • Get a medical evaluation from a different, trusted healthcare provider. This ensures that you receive the necessary care for any physical or psychological harm caused by the abuse. Additionally, an independent medical examination can provide evidence and a professional assessment of your condition.

Legal Actions

1. Consulting with a Lawyer
   • A lawyer can help you understand your legal rights, evaluate the strength of your case, and guide you through the legal process. They can also help you gather additional evidence, navigate interactions with medical boards or law enforcement, and represent you in court if necessary.
2. Understanding the Legal Process and Potential Outcomes
   • The legal process involves several steps, including filing a complaint, participating in investigations, and potentially going to court. Your lawyer will help you understand each phase, what to expect, and the potential outcomes of your case, including the possibility of reaching a settlement or going to trial.

Reporting the Abuse

1. Filing a Complaint with Law Enforcement
   • Report the abuse to local law enforcement to initiate a criminal investigation. Provide them with your documentation and any evidence you have collected.
2. Submitting a Complaint to Medical Boards
   • File a complaint with the appropriate state medical board or regulatory agency. These bodies have the authority to investigate the abuse, discipline the healthcare provider, and take actions such as revoking medical licenses. This step is important for both your case and for protecting future patients from similar abuse.
3. Seeking Support from Advocacy Groups
   • Reach out to organizations that specialize in supporting survivors of medical abuse. These groups can offer resources, counseling, and advocacy services to help you through the process. They can also provide information on your rights and assist with filing complaints and seeking legal action​​.

Resources and Support for Survivors

Accessing resources and support is vital for survivors of medical abuse to begin the healing process, seek justice, and prevent further abuse. Numerous organizations provide assistance and advocacy for survivors.

National Hotlines and Support Organizations

1. RAINN (Rape, Abuse & Incest National Network)
   • RAINN operates the National Sexual Assault Hotline (800-656-HOPE) and offers extensive resources for survivors of sexual abuse, including those abused in medical settings. RAINN provides confidential support and connects survivors with local services​.
2. National Center for Victims of Crime
   • This organization offers resources, advocacy, and support services for victims of various crimes, including medical abuse. They provide information on legal rights, assistance programs, and connect survivors with necessary services​​.
3. National Domestic Violence Hotline
   • While primarily focused on domestic violence, this hotline (1-800-799-SAFE) also provides support and resources for victims of various forms of abuse, including medical abuse. They offer confidential assistance and connect survivors with local support services​.

Medical Abuse Statistics

Recent studies illuminate the shocking prevalence of medical abuse in the healthcare system.

1. Workplace Violence Against Healthcare Workers
   • In a study at a tertiary care hospital in the USA, 34.4% of healthcare workers reported experiencing verbal or physical workplace violence.
   • 71.9% of workplace violence incidents were verbal, while 28.1% were physical.
   • Doctors accounted for 62.3% of workplace violence victims, nurses 20%, and medical secretaries 7.4%.
   • Most incidents occurred in outpatient clinics (34.8%) and emergency departments (25.9%).
2. Medical Errors and Malpractice
   • Approximately 250,000 deaths per year in the U.S. are due to medical errors, making it the third leading cause of death after heart disease and cancer.
   • About one in 20 patients (5%) experience preventable harm in medical care settings.
   • An estimated 7.4% of all physicians have a malpractice claim filed against them each year.
3. Sexual Misconduct by Healthcare Providers
   • Studies estimate that 3-10% of healthcare providers engage in sexual misconduct with patients.
   • Over 3,000 physicians received disciplinary action for sexual misconduct between 1999-2015.
   • About 50% of physicians who engage in sexual misconduct with one patient will have multiple victims.
4. Elder Abuse in Healthcare Settings
   • Up to 10% of elderly patients experience abuse in healthcare facilities.
   • Authorities receive reports of only one in 14 cases of elder abuse in healthcare settings.
   • Elderly patients with dementia are at higher risk, with 47% experiencing some form of abuse.

Sadly, a large chunk of survivors do not report or do not recognize their abuse, so the actual numbers are significantly higher.

Get the Justice You Deserve Today

Take the first step towards healing and justice today. Your courage can not only pave the way for your own recovery but also protect others from similar trauma. 

Reach out to us at (209) 283-2205 to explore how we can support you. We're committed to helping you secure the compensation needed for your recovery, holding both perpetrators and negligent institutions accountable, and working to prevent future abuse.