New Mexico Doctor Sexual Abuse Lawyers
Sexual predators come in all shapes, sizes, genders, and backgrounds. Because of this diversity and feelings of trust and respect often associated with medical professionals, vulnerable adults and children often become prey to unwanted sexual advances and assaults by doctors, nurses, therapists, and other help care providers.
When these horrific acts occur, our medical sexual assault lawyers in New Mexico take on the role of protector. Our legal team is experienced at representing survivors of sexual abuse that took place in hospitals, doctor’s offices, nursing homes, rehabilitation facilities, and medical centers located in schools.
We also aggressively go after any abuser to hold them accountable for their actions, while ensuring the rights and privacy of a medical sexual abuse victim is upheld.
Don’t hesitate to contact Lerner and Rowe Injury Attorneys if you believe you or a loved one is the victim of sexual abuse by a New Mexico medical professional.
Medical Professional Sexual Abuse Defined
Sexual abuse by a medical professional is defined as any unwanted sexual contact, action, or request that occurs between a doctor, nurse, therapist, or other health care provider and a person under their care.
Here are are few of common claims shared by sexual assault survivors:
- Private areas were examined without gloves.
- Received request to undress parts of their body not to be examined.
- Other people were declined entry in the room during an exam/session.
- Inappropriate sexual talk and proximity.
- Forced restraint and incapacitation that resulted in rape.
- Requested to watch medical professional sexually fondle themselves.
- Prescribed pain killers and other medications beyond safe limits.
- Medical professional encouraged them to fondle themselves while they watched.
It’s important to note that even if a person does not verbally say “no” out of fear and shock, they did not give their consent to being physically and/or emotionally assaulted against their will. No medical professional has the right to cause harm to a patient who has placed their trust in them.
If you believe that you or a loved one is the victim of medical sexual assault, you are not alone. Please do not hesitate to contact our assault attorneys 24/7 to report the incident and file a claim.
Frequently Asked Questions (FAQs)
Can You Sue a Doctor for Sex Abuse? Yes. If you or a loved one is sexually assaulted by a doctor, or a staff member at a hospital or other medical facility, you do have legal recourse to file a civil and/or criminal case. Depending on your individual circumstances, a sexual assault lawyer may also file a suit against the hospital or facility too.
Is There a Time Limit to Filing a Sexual Assault Medical Malpractice Lawsuit in New Mexico? Yes. The statute of limitations for any malpractice lawsuit against a health care provider in the New Mexico is three years. (NM Stat § 41-5-13) The start date for filing is the date of the healthcare provider’s negligent action/assault. That is why it is important for you to file a case as soon as possible to help ensure you are within the limits.
What Kind of Damages Can Be Claimed for Medical Sexual Abuse? As a survivor of medical sexual abuse, you have the right to claim compensation for general damages for any emotional trauma caused by a health professional’s actions. These damages include, but are not limited to: Anxiety, depression, PTSD, and loss of enjoyment in life.
You can also seek special damages for financial costs incurred as a result of the assault to include: medical bills, prescription medication, and therapy.
What Kind of Proof Is Needed to Convict a Doctor for Sexual Assault? A survivors’ testimony is all that is needed to place a charge against a doctor or other medical care professionals. However, having DNA evidence, eye witness accounts, and medical exam documents would help strengthen your case and remove any doubt.
How Can I Report an Incident of Medical Sexual Abuse? Fear can keep many survivors of medical sexual abuse from reporting the horrific act(s) they were forced to endure. It’s important to work through the fear and make the abuser be held accountable for their actions.
Here are a few ways to report a medical sexual abuse act in New Mexico:
- Report medical abuse to local law enforcement
- Contact the hospital, doctor’s office, or facility where you experienced the abuse
- Report the abuse to the New Mexico Medical Board
- Report the abuse to the New Mexico Regulation and Licensing Department, Boards and Commissions Division
Survivors Can Find Hope and Healing with Help
At Lerner and Rowe Injury Attorneys, we understand how frightening it can be for victims of doctor sexual assault. Our New Mexico sexual abuse lawyers are dedicated to securing justice on the behalf of survivors. We also don’t shy away from seeking the most compensation possible to cover medical expenses associated with the healing process.
Survivors should not live in fear or without hope. Please contact us now to receive a no obligation, free case review. Call us directly at 505-544-4444, or chat with a LiveChat representative now. You can also share more details through our online case review form. We are here for you 24/7.