When Is a Hospital Liable for Sexual Assault?

Understanding when is a hospital liable for sexual assault is a crucial aspect of seeking justice for abuse in healthcare settings. The answer depends on when and where the assault occurred, whether the abusive medical professional had prior complaints, and what policies the facility had to protect patients.

Injury Lawyer Team is here to support sexual abuse survivors and hold responsible parties accountable for harm caused by sexual misconduct. Contact us for a free consultation about your legal options. 

Does Failing to Prevent Sexual Abuse in a Medical Setting Constitute Negligence?

Yes, failing to prevent sexual abuse in a medical facility is an example of negligence. It may give rise to both criminal and civil litigation, depending on the circumstances. 

Healthcare facilities must uphold a certain standard of care. This refers to what a reasonably competent medical staff member would do in a given circumstance, which can differ by specialty.

However, the standard of care also refers to protecting patients from sexual misconduct in medical settings. Sexual misconduct is a broad term that refers to a range of unacceptable behavior, such as:

• Unnecessary physical contact during physical exams
• Sexual harassment, such as asking for sexual favors or making inappropriate comments
• Sexual activity between health care providers and patients in violation of professional norms
• Sexual assault or rape

Patient safety should always be a top priority, which is why the American Medical Association recommends that hospitals have chaperone policies. These are individuals who oversee medical care to intervene if the physician makes inappropriate physical contact or perpetrates other forms of sexual misconduct. 

Line-of-sight policies, while typically used to observe patients who may be in medical distress, can also be used to prevent harassment or assault in a medical setting. 

If a facility fails to implement these policies, it may be considered negligent, and victims may seek compensation from the hospital’s insurance company. 

Can a Hospital Be Held Liable for Negligent Hiring?

The hospital’s liability is a primary focus in sexual abuse claims because these institutions have the insurance necessary for full compensation. 

There are several paths to proving liability. First is direct liability, which is when a hospital directly fails to protect staff despite having the means to do so. 

Unfortunately, some doctors and medical providers are repeat offenders with a history of prior complaints. When an assault occurs, medical facilities must take swift action against the healthcare provider involved, ensuring they are held accountable. 

The Federation of State Medical Boards provides clear guidelines on how to initiate disciplinary action against hospital staff in its policy paper, “Addressing Sexual Boundaries: Guidelines for State Medical Boards.” Any complaint should be thoroughly investigated, and a record of the complaint should be available to future employers. 

If a physician had a disciplinary mark on their medical license and a hospital hired them anyway, that would be negligent hiring, and the hospital would be directly liable. 

Hospitals are also required by federal law to conduct background checks on employees to ensure they have no prior history of violent crime (42 U.S.C. § 5119a). Hiring someone with a criminal background would also be considered negligence. 

Next is Vicarious Liability, which holds employers responsible for wrongful acts committed by employees within the scope of employment. This doctrine generally does not extend to sexual abuse occurring outside of the workplace, such as intimate partner violence.

However, a hospital could be held vicariously liable if the assault occurred in a healthcare setting and during the course of professional duties. For example, if a gynecologist digitally penetrated a woman during a scheduled pelvic exam in the hospital, then this would give rise to vicarious liability.

This falls under the principle of respondeat superior, meaning “the master answers.” In other words, a facility can be liable because the physician’s abuse was made possible due to the authority and access granted through employment.

Finally is corporate negligence. This is a well-established principle in medical law, stemming primarily from the 1965 Illinois Supreme Court case Darling v. Charleston Community Memorial Hospital. 

Corporate negligence means that the facility’s policies were flawed, such as failing to have chaperones available or allowing a doctor to lock the door with a vulnerable person in the room. These negligent policies then gave rise to sexual abuse, as they permitted abuse of authority. 

What Legal Rights Do Hospital Sexual Misconduct Victims Have?

Criminal Report to Law Enforcement

Sexual abuse victims are always entitled to report a crime to law enforcement in their jurisdiction. For sexual assault involving penetration, victims should visit a different medical facility for a Sexual Assault Nurse Examiner (SANE) exam, which collects forensic evidence that can be used at trial.

Civil Lawsuit

Injury Lawyer Team handles civil hospital sexual assault lawsuits. These are separate from criminal cases and can be pursued even if you choose not to file a police report. 

The goal of sexual abuse civil claims is to secure financial compensation for financial and emotional injuries, such as medical expenses, therapy bills, physical pain and suffering, and emotional distress. 

How Our Experienced Sexual Abuse Attorneys Can Help

Our compassionate sexual abuse attorneys will guide you through the civil lawsuit process, preserving your right to privacy and patient confidentiality. 

We will gather evidence of the medical professional’s inappropriate conduct, including any previous complaints or professional remonstrations for substandard care. This can include subpoenaing facility records, cell phone records, and private communications that refer to your case. 

With your permission, we will secure your medical records, focusing on any medical care pertinent to the case. Many states have laws that require all medical information used in discovery to be directly relevant to the legal question at hand, ensuring that defense attorneys cannot use prior diagnoses against you. 

Our attorneys will also calculate your economic and non-economic damages, including medical bills, pain and suffering, and emotional distress. By consulting expert witnesses, including mental health professionals and medical ethics experts, we will develop a strong argument demonstrating that the institution failed to meet an appropriate standard of care.

As members of the National Association of Personal Injury Attorneys, we understand the significant toll that sexual abuse takes on a person’s overall well-being. Not only will we handle all third-party communications on your behalf, but we will direct you to helpful resources that can support you in your healing journey. 

Let Us Help You Establish the Hospital’s Liability and Take Legal Action

Sexual misconduct by a doctor or other healthcare provider is particularly damaging, as it shakes a person’s trust in the medical system. Our attorneys can hold negligent institutions accountable for failing to uphold the medical profession’s ethical requirements. 

You don’t have to face this journey alone. We work on a contingency fee basis: no legal fees unless we win. Call us at 866-757-6452 or use our online contact form to schedule a free consultation. 

All content undergoes thorough legal review by experienced attorneys, including Jonathan Rosenfeld. With 25 years of experience in personal injury law and over 100 years of combined legal expertise within our team, we ensure that every article is legally accurate, compliant, and reflects current legal standards.