When medical students take the Hippocratic Oath, they swear—among other things—to respect the autonomy and dignity of their patients. Granted, this isn’t in the original oath (often mistakenly attributed to Hippocrates), but the idea is to get doctors to practice their field within the bounds of medical ethics.
That said, engaging in sexual abuse toward patients is already breaking that oath and is also a crime. Although exact prevalence rates are scarce, health and legal experts agree that such cases tend to be underreported. Victims hesitate to report professional sexual misconduct by doctors for fear of retaliation or a settlement without lawyers getting involved.
Remember that sexual abuse, no matter what the setting, is punishable by law. In the case of medical sexual abuse, victims can also seek damages from liable parties.
Here’s a step-by-step guide on filing such a complaint.
Gauging a Case’s Merit
Physician sexual misconduct cases start with a free and confidential consultation with a lawyer. As much as you’d want to file a complaint against the offending doctor, that also involves going up against their employer. Having a lawyer on your case lets you navigate the intricacies of medical malpractice law.
Before any such incident can happen, a patient can look out for red flags. These include anything not listed on the Rape, Abuse & Incest National Network’s (RAINN) long list of expectations in a healthcare setting. Be it a medical examination or procedure, a patient has the right to:
- End the exam or procedure anytime the patient wishes
- Ask for someone to accompany them during treatment
- Ask for a private place to conduct the procedure
- Undress the part only necessary for the procedure
- Request for another professional, if available
- Be answered as to what the professional is performing
- Be answered in a language the patient can understand
- Adhere to clothing customs based on the patient’s faith
- Ask the practitioner to take their concerns seriously
For exams or procedures involving private parts (e.g., pelvic exam), the patient can ask for a same-sex medical practitioner and be at ease to tell them if there’s anything wrong. Furthermore, doctors are required to wear gloves during such exams or procedures. (1)
If any of these expectations aren’t met, you may have a case. However, to create a rock-solid argument, it’ll need more information from other pieces of evidence like interviews with witnesses and, more often than not, proof of sexually transmitted disease (STD).
Filing a Complaint
Working with a medical sexual abuse lawyer also lets patients file a formal complaint on their behalf with all parties. The complaint contains information like the victim’s name and contact details, an account of the incident, details of assessment and treatment done by a third-party doctor, and a list of supporting evidence.
The recipient of the complaint is generally the offending doctor and the healthcare system they’re working for. Lawyers would tell you that penalizing the doctor alone is less likely to get you the full damages. As the hospital or clinic’s management is responsible for vetting and training their people in ethical practice, it can be held just as liable.
A key finding that can support a case against the institution is proof of inaction. In a recent case, ex-gynecologist Robert Hadden’s two-decade sexual abuse spree, which involved cases of oral to genital contact, went unresolved. While his employer, Columbia University, took disciplinary action, compensation for the victims didn’t come until almost a decade later.
The victims, over 200, received a total of USD$1 billion. This includes USD$200 million the university paid in 2021 and 2022, and USD$750 million agreed upon just this May. (2)(3)
A complaint should also be filed with the state’s medical licensing board. Whether a civil or criminal charge is filed, the board can still sanction offenders based on evidence.
Exchanging Information
Once the court acts on the complaint, it’ll ask both parties to exchange information about the case. The American Bar Association calls this discovery, and it’s designed to prevent a ‘trial by ambush’ or being caught off-guard by last-minute evidence.
The most common form of discovery is through a deposition, an off-court statement either written or in video format (or both). Both parties are required to produce one, as well as third-party witnesses, and can take each other’s deposition. (4)
If one party refuses to produce crucial information for discovery, the other party can ask the court for a subpoena. During discovery, a subpoena duces tecum (“duces tecum” meaning “you shall bring with you”) can require a party to submit documents and other records. Ignoring a subpoena is a federal offense. (5)
Negotiating a Settlement
Most medical sexual abuse cases are settled before going to court. Again, exact numbers are scarce, but an out-of-court settlement is often in the victim’s best interests.
- Avoids court delays: Years of backlogs continue to plague the U.S. judicial system. Settling the case out of court saves the victim the trouble of waiting for a court date and expedites the payment of compensation.
- Much less costly: A court conducts several processes in preparation for the trial, each of which adds to the total cost. A dialogue between parties outside the court will cost less and require fewer steps.
- Privacy guaranteed: With a court hearing, some details of the case may go public. Sexual abuse victims can be apprehensive about that, but an off-court settlement can respect both parties’ wishes for the case to stay secret.
Even in an off-court negotiation, an experienced lawyer can still represent your interests. Armed with supporting evidence, they can argue for full compensation from the offending doctor and their employer. The true value of compensation goes beyond the cost of doctor visits; it also includes lost wages and future treatment, among others.
If a case does go to trial, the lawyer’s knowledge of the judicial process can be valuable. Besides presenting evidence, they can deliver watertight legal arguments and point out inconsistencies in the other party’s claims.
Conclusion
As professionals who save lives, doctors (and medical institutions, to an extent) should know better not to make their patients uncomfortable. One who engages in sexual abuse should be held accountable, starting by discussing the details with a specialized lawyer. When the case has merit, the rest of the lawsuit process will fall into place.
References
- “Sexual Abuse by Medical Professionals,” Source: https://rainn.org/articles/sexual-abuse-medical-professionals
- “Berger E. After $1bn settlement, doctor’s sexual assault victims question Columbia University’s inaction,” Source: https://www.theguardian.com/us-news/2025/may/10/robert-hadden-sexual-assault-columbia-university-gynecologist
- “Columbia University Irving Medical Center and NewYork-Presbyterian Reach $165 Million Agreement with 147 Past Patients of Former Gynecologist Robert Hadden,” Source: https://www.cuimc.columbia.edu/news/columbia-university-and-newyork-presbyterian-reach-164-million-agreement-146-past-patients-former-gynecologist-robert-hadden
- “American Bar Association. How Courts Work,” Source: https://www.americanbar.org/groups/public_education/resources/law_related_education_network/how_courts_work/discovery/
- “Subpoena duces tecum,” Source: https://www.law.cornell.edu/wex/subpoena_duces_tecum
