Michigan Medical Malpractice Attorney

Sexual Abuse by Health Care Professionals

The American Medical Association's Principles of Medical Ethics, in an annotation regarding psychiatrists, states that it is unethical to engage in sexual activity with a current or former patient. Within most health care professions, there are standards specific to that profession which prohibit sexual relations with a current patient or client. Individual professions differ as to permissible consensual sexual contact withformer patients or clients; some forbid relationships for a period of time while others place a burden on the professional to show that the patient has not been exploited or manipulated. Unfortunately, sometimes sexual contact, even if allowed by the medical professional's field, is not consensual and can result in severe mental trauma as well as physical injuries. A compassionate, dedicated Michigan medical malpractice attorney at our firm can review your case and help you file a malpractice claim.

In sexual abuse cases, the plaintiff may have the options of pursuing the matter through the civil justice system, filing a police report to pursue the case through the criminal justice system, and/or filing a complaint with the Michigan Department of Consumer and Industry Services, which oversees the licensing of all health care professionals. Depending on the circumstances surrounding the case, the facility in which the medical professional worked may also be liable for negligent security.

Doctor and Psychiatrist Sexual Abuse in Michigan

In a medical malpractice case involving inappropriate sexual contact, it is the abuse or misuse of the relationship of trust between the licensed health care provider and the patient which provides the basis for a civil action. Given the specialized training of a doctor and the vulnerability of a patient, there is not only asymmetric information, but an asymmetric power dynamic which can be exploited by the health care provider.

Damages in these types of cases include non-economic damages such as emotional distress, but also can include significant economic damages such as ongoing therapy and medication needs, and a loss of earning capacity, wage loss or loss of services. In addition, the patient's spouse may have a claim for loss of society and companionship and loss of consortium.

Attorneys in our firm have extensive experience handling sexual abuse cases against various types of health care practitioners as well as against the facilities in which they occurred. Contact a Michigan Medical Malpractice Lawyer at our firm to learn more about how we can help.