What if I Am Accused of Sexual Medical Misconduct?

As a physician, sexual misconduct claims may be frightening or intimidating to you because just about any patient you have treated in the past may come forward with one. Oftentimes, these claims are baseless. And you may know deep within your heart that you are innocent. But still, you do not want such an accusation against you to be made public information. This is because, even if untrue, it may irreparably damage your reputation within the New York State medical community. With that being said, please read on to discover what to do if you are accused of this type of medical misconduct and how a seasoned New York sexual misconduct lawyer at Walker Medical Law can ruthlessly defend your credibility at this time.

What are different situations that may prompt a sexual misconduct claim?

By definition, sexual medical misconduct may entail a physician provoking unwelcomed threats, intimidation, sexual gestures, derogatory comments, coercion, or violence against a patient. More specific examples of situations that may prompt a patient to file such a claim against you are as follows:

  • A patient may accuse a physician of performing an intimate physical examination without their consent or a clinical justification.
  • A patient may accuse a physician of neglecting to observe draping protocols or give privacy when changing into drapes.
  • A patient may accuse a physician of saying sexually suggestive expressions or making sexualized remarks about them.
  • A patient may accuse a physician of engaging in physical sexual contact (this may apply even if the patient initiated it).

As a physician, what happens if I am accused of sexual medical misconduct?

A sexual medical misconduct claim against you carries great weight. First, it may prompt an investigation and disciplinary hearings by the New York State Department of Health’s Office of Professional Medical Conduct (OPMC). This is in addition to this being conducted by your employer. In a worst-case scenario, your employer may terminate you from your position and the OPMC may order the permanent revocation of your medical license. Of note, this is not to mention the criminal prosecution and civil lawsuit you may be up against. Namely, sexual assault is considered a Class A misdemeanor in New York State; so you may be facing major fines and serious prison time. Then, a civil lawsuit for result may result in your having to pay for compensatory damages, punitive damages, and injunctive relief.

You may hold onto the hope that the patient’s testimony is less than believable and that the evidence they produce is not anything of merit. However, hope is not enough to save you from a potentially devastating outcome. That is, you must take it upon yourself to gather and present proof to the OPMC and your employer that you are innocent. For example, you may summon other patients or parties present at your office at the time of the alleged sexual misconduct incident to testify on your behalf. Plus, you may supply your office’s records of the patient, particularly those from the date of the alleged incident, to show that nothing out of the ordinary took place.

At any rate, please contact one of the competent OPMC/OPD misconduct defense lawyers today. We, at Walker Medical Law, look forward to your phone call.