Understanding Medical Abuse: What Is Sexual Abuse By A Healthcare Provider?

Recognizing The Signs Of Sexual Abuse By A Doctor Or Caregiver

Since prompt reporting can preserve evidence, everyone should know how to recognize the signs of sexual abuse by medical professionals. 

Abuse can take place in many situations, such as:

• While a patient is unconscious, under anesthesia, or asleep
• During a procedure that is falsely represented as serving a medical purpose
• Against someone who has dementia, physical disabilities, or mental illness

Some signs that you or a loved one has suffered abuse include:

• Unexplained physical injuries, particularly to the genitals
• Gaps in your memory that might indicate you were drugged
• A diagnosis of a sexually transmitted disease

If a loved one was abused, they might show signs of post-traumatic stress disorder (PTSD). They might become withdrawn or even fearful, especially if their assailant used force or threats against them.

Sexual assaults unfortunately occur across various settings, including hospitals and military bases. Facilities like Evan’s Army Hospital in Fort Carson, Colorado, are not immune to these violations.

If you or someone you know was subjected to sexual abuse in such a setting, do not wait—contact the experienced team at Bachus & Schanker today. We are committed to advocating for your rights and ensuring perpetrators are held accountable.

Your Rights As A Patient: Protections Against Medical Abuse

Medical professionals have an ethical duty to act professionally in all their interactions with patients. This duty is enforced in a few ways.

First, patients can take action by filing a complaint with the Colorado Medical Board (CMB) against a doctor who has committed abuse. The CMB has the authority to terminate a doctor’s medical license.

Second, other healthcare professionals must report colleagues who have committed medical sexual assault and abuse. If they fail to do so, they could also face disciplinary action by the CMB.

What To Do If You’ve Been Abused By A Healthcare Professional

First, report the incident to law enforcement. The criminal investigation should take precedence because the authorities need strong evidence for a conviction. We understand it can be hard to take this first step, but please remember that if you delay, the practitioner might destroy evidence.

You should also preserve any evidence you have of the assault and cooperate with investigators. Your testimony could be key to a conviction. Tell someone you trust so they can be with you during this process to offer support.

Second, file a complaint with the CMB. The CMB does not require the level of proof used by a court of law. However, it may consider any evidence gathered during the police investigation.

Third, contact a personal injury lawyer about pursuing a lawsuit against the healthcare provider. With a successful civil lawsuit, you can seek justice, obtain compensation, and gain closure.

Confidentiality And Reporting Abuse: What Happens When You Speak Up

You have the right to notify the police and to file a CMB complaint anonymously. However, the practitioner might escape consequences if you do not testify against them.

If you give your name to the police and the CMB, your identity may remain confidential during the investigation. However, please note that your name could become public once hearings begin.

How To File A Complaint Against A Healthcare Provider

The CMB accepts complaints online. In your complaint, you’ll provide as much information as possible, including any documentary evidence, about the assault. You will also sign a release allowing the CMB to obtain copies of your medical records from the accused provider.

Seeking Medical Help After Abuse: How To Protect Your Health

One of the greatest obstacles to justice is a delay in reporting. Unfortunately, if you do not seek immediate attention, a defense attorney could call your testimony into question.

In addition to documenting your assault, seeking medical help also protects your health. You can receive immediate treatment for the physical and mental effects of medical sexual assault​.

Legal Options For Victims Of Medical Abuse

You can file a civil lawsuit against the healthcare provider for battery. Battery is when someone intentionally makes harmful or offensive contact with another party. Through this claim, you can recover damages from the provider for your assault.

Additionally, you may have a negligence claim against the provider’s employer. To win this claim, you must prove the employer did not exercise reasonable care in protecting you. For example, it may have failed to supervise the provider or to enact safeguards to reduce the risk of assault.

Psychological Support For Survivors Of Medical Abuse

Every assault case is unique. However, many survivors find that counseling and therapy help them work through the pain and anger associated with the assault. Ask for a referral to a mental health professional. You should not have to navigate the path forward alone; finding a support system will help you toward your path to healing. 

Dedicated Support From Our Victim Advocates

At Bachus & Schanker, we understand the profound impact of sexual abuse. Our Victim Advocate team is here to support you at every stage of the process. Whether it’s offering emotional support, connecting you with resources, or guiding you through the legal steps, our advocates stand by your side.

Learn more about how our Victim Advocates are committed to your healing and justice by visiting this page. You are not alone in this fight.

Why Medical Abuse By Professionals Is A Serious Crime

Colorado law defines several acts as sexual assault, including sexual contact that is:

• Nonconsensual
• With an incapacitated person
• With someone mentally incapable of consenting
• Under the guise of administering a medical treatment or examination

A practitioner convicted of medical sexual assault faces severe consequences. A conviction may result in two to six years in prison plus three years of parole. 

How To Protect Yourself And Others From Medical Abuse

Many facilities require that another person accompany practitioners during certain procedures. This simple step ensures the patient is not alone with the practitioner. 

If you have a loved one who is incapacitated and in long-term care, consider installing a nanny cam to protect them and informing the facility of the camera.

Support For Survivors Of Healthcare-Related Sexual Abuse

You can find extensive resources online, including the number for the National Sexual Assault Hotline, support groups, and legal guides. Our firm’s website also provides a list of sexual assault resources.

When you work with our team, you will also be in contact with our Victim’s Advocates. They will be by your side throughout the entire process, ensuring your rights are protected, and you have access to resources that will further your healing. No one should have to go through this alone, and we will ensure that you get the justice you deserve. 

What To Do If You Don’t Feel Safe With Your Healthcare Provider

When unusual comments, practices, or instructions make you feel unsafe, you can request that someone accompany the doctor in the examination room. You can also switch doctors and ask that your records be transferred to someone else.

Handling Medical Abuse: Your Health, Your Consent

Patients are always in the driver’s seat when obtaining treatment. You have the right to do the following:

• Request additional information about the proposed treatment
• Decline treatment
• Seek a second opinion

Any practitioner who disputes these rights or tries to talk you out of exercising them might not be the right doctor for you, even if they never assaulted you.

How Our Sexual Assault Attorneys Can Help You

Sexual abuse cases in healthcare settings can cause physical and mental trauma. However, sexual assault survivors can reclaim their power by using the legal system to fight back.

The sexual assault attorneys at Bachus & Schanker have extensive experience holding medical providers and their employers responsible for sexual misconduct.

Related Sexual Assault Resources