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Sexual Abuse Victims by Doctors
Bernstein and Poisson have 50 years combined experience and are personally involved from the first call to your case resolution.
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Sexual abuse by a doctor of his patient gives rise to a claim against the doctor. Doctors are in a position of trust with the patient and doctors are not allowed to have sexual relations with a patient. Consent is not a valid defense to the case. I have handled many cases against physicians who have violated that trust and had sexual relations with their patient. These injury cases are complex and require an experienced Nevada and Las Vegas personal injury attorney such as myself, Jack Bernstein or my partner Scott Poisson to obtain justice for the emotional suffering caused by the doctor’s breach of trust.
It is important that you hire a Nevada lawyer with experience in handling Sexual Abuse cases against a doctor. After successfully resolving many cases where a doctor sexually abused his patient, I understand the difficult circumstances involved and the need for confidentiality and for a fast and successful resolution of the case. Sexual abuse by a doctor (Please understand this includes when a doctor has sex with a patient that consents), generally has a short statute of limitation, which significantly increases the importance of hiring an experienced Nevada or Las Vegas Personal Injury Lawyer . There is one year to file a case in court against a doctor under the Malpractice Statute for the doctor’s sexual relations with his patient.
Since a Nevada or Las Vegas Physician that has sexual relations with a patient has “intentionally acted”, as opposed to a case where a doctor is negligent in his care of a patient, his malpractice insurance generally will not cover him if he is a sole practitioner, or the owner of the medical office. If the Nevada or Las Vegas Doctor who sexually abuses his patient is an employee of a hospital or other medical facility, the malpractice insurance of the group will normally cover the case. This is a significant factor because the doctor who has sex with his patient who is not covered by medical insurance will hire his own attorney and will ultimately pay the settlement or verdict out of his own personal money.
My experience has shown that Doctors who have sex with their patient will hire a high caliber lawyer to defend them since they are at great risk, but will deny they have risk or are worried about the matter! Nevada doctors will generally settle quickly and fairly once I get involved, when they know evidence exists to prove sexual relations took place. If they don’t they have the risk of a larger loss of money from a jury verdict; they want to keep the sexual relations confidential to avoid harm associated with public knowledge in the news media; they want to avoid their patients from hearing about the sexual incident(s) which can affect their business; they want to keep their family from finding out about the sexual incident(s) possibly leading to divorce or harm to their family; they want to keep the Medical Licensing Officials from getting an administrative complaint that could affect their license; and they want to stop the attorney fees their attorney will charge them to defend the case.
Male doctors that are examining a patient will typically bring an assistant into the room while conducting the physical exam to avoid even the appearance of a sexually inappropriate situation from arising. Medical facilities should generally have a procedure where a male physician only examines a patient in the presence of an assistant. The best evidence of a physicians sexual abuse would be his semen on your clothes or a tissue which would be crucial evidence which typically would lead to a settlement. It is much more difficult to prove the case where the doctor touches the women inappropriately on her breasts or as in one case we handled on her vagina.
Since the physician is in a position of trust, he is not allowed to engage in sexual relations with a patient. Typically the doctor might request sex in his office, or if an affair begins he might meet at a hotel, as I have seen in one case. If there is evidence that the doctor reserved a room at a hotel with his patient, which helps to substantiate that they had sexual relations. We can get his credit card statement to prove it. You should save your emails and text messages from doctors that had sexual relations with you, which evidence can lead to a settlement.
Your Las Vegas Personal Injury Lawyer needs to order all the medical records as evidence that a physician patient relationship existed. A background check of the physician might reveal prior incidents where he had sexual relations with a patient. All texts, letters and emails you have that substantiate the sexual relations between the Nevada or Las Vegas Doctor and his patient should be given to the Nevada Personal Injury attorney.
Since the sexual abuse case against a Nevada Doctor who has sexual relations with his patient falls within the patient-physician relationship there is a requirement before filing a complaint against the physician that an affidavit from another doctor be attached to the complaint laying out the facts that show engaging in sex with a doctors patient is medical malpractice. This is a mandatory requirement or the judge will dismiss the case under Nevada personal injury law.
It takes an experienced Nevada or Las Vegas Personal Injury Lawyer using his judgment and experience to decide the best strategy to get your case resolved. It is best not to do anything before allowing the Nevada Personal Injury attorney to work on your case. Some victims of abuse might file complaints with the medical board; send letters to the spouse of the physician informing her of the doctor and patient sex; or try to negotiate their own settlement. Once you tell a medical licensing agency, or the doctor’s family or the public in general of the sex, it becomes more difficult to settle the case. Our best leverage often is in the confidentiality that the doctor can obtain by paying a fair settlement before a lawsuit or any adverse publicity arises. Once the doctor’s family is informed he might be involved in a divorce, and it becomes more difficult for the physician to pay the money.
Before filing a lawsuit to recover money damages for the suffering caused by sexual relations with a doctor, the Nevada or Las Vegas personal injury lawyer must have the pertinent medical records, important facts, and the affidavit of a doctor. The doctor expert must be of the opinion that the sexual relations between the doctor and patient fell below the standard of normal medical care. (This seems obvious but we need a doctor willing to testify that this was below the standard of care)
Litigation of a sexual abuse case against a doctor is complicated and typically will be defended by a high caliber experienced defense attorney. It is wise that you hire an experienced Nevada or Las Vegas Personal injury attorney and litigation firm to fight for justice. At Jack Bernstein and Associates also known as Bernstein and Poisson, we have extensive experience litigating medical malpractice cases. We also have the financial backing to finance these cases which are very expensive.
Prior to the jury or judge trial on any medical malpractice case including a sexual abuse case by a Las Vegas or Nevada Doctor, there is a mandatory mediation with a judge that might get your case settled without a trial.
Jack G. Bernstein, Esq. or Scott L. Poisson, Esq. answer their phones and discuss the potential doctor patient sexual abuse case with their potential clients. Please call us for a free consultation toll free at 1-888-429-(4LAW) 4529 or 702-434-4444 and go over your case at no charge. You can email Jack or Scott now and they will respond if on line immediately or in a short time at: Jack@VegasHurt.com or Scott@VegasHurt.com . We are sorry that you find yourself in need of our help under such difficult circumstances, but we are ready to go to bat for you and your family to fight for justice and to send a message to doctors who take sexual advantage of their patients, that we will fight back against this injustice to try and stop it from happening to others and to require the doctor pay for his actions.
50 years combined experience
Protecting Your Rights
Bernstein and Poisson are personally involved from the first call to your case resolution. Please call us before you speak to an insurance company.
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