The trust you place in a medical professional is profound. When that trust is broken through sexual misconduct, the harm extends far beyond a physical violation. If you have been harmed, know that a New York sexual abuse by doctors lawyer pursues justice on behalf of survivors.
You have the right to hold the responsible doctor and the medical institutions that enabled them accountable through a civil lawsuit. This action seeks to reclaim your power and secure compensation for the damages you have suffered.
- Medical abuse occurs within a power imbalance inherent to the doctor-patient relationship.
- Civil justice provides a path for survivors to seek financial recovery and demand accountability.
- Your voice has power in the legal system to effect change and prevent future harm.
The legal process is designed to shift the burden from your shoulders and place the focus squarely on the actions of the perpetrator and the failures of the system that protected them.
Table of Contents
- The Role of a New York Sexual Abuse by Doctors Lawyer
- Civil Claims vs. Criminal Charges
- Holding Hospitals and Clinics Accountable in New York
- New York's Statute of Limitations For Sexual Abuse Claims
- Steps to Take After Experiencing Abuse by a Medical Professional
- Why Choose Horowitz Law for Your Case
- Your Path Toward Justice
- Get Skilled Legal Representation Now
Recognizing Medical Sexual Abuse in New York
Abuse in a medical setting is any non-consensual sexual contact, behavior, or remarks by a healthcare provider. This conduct is a violation of medical ethics and the law. It is not your fault.
The environment of a doctor's office or hospital, from a clinic in the Bronx to a private practice on the Upper East Side, is built on trust, and that professional betrayed it. New York sexual abuse attorneys can help you understand your rights, pursue justice, and hold those responsible accountable.
- Inappropriate touching: Any touching of a sexual nature that is not a legitimate part of a medical examination or procedure.
- Sexual comments or questions: Remarks about your body, sexual history, or personal life that are not relevant to your medical care.
- Assault or coercion: Forcing or pressuring you into any form of sexual activity, or conducting examinations without your explicit consent or a proper chaperone present.
These actions are not gray areas or misunderstandings; they are clear violations of professional boundaries and your personal rights.
The Role of a New York Sexual Abuse by Doctors Lawyer
A New York sexual abuse by doctors lawyer acts as your advocate, fighting for your interests in the civil court system. Their work is entirely separate from any criminal proceedings that the state may or may not pursue.
The focus is on your right as an individual to seek justice and compensation for the harm done to you. This process involves a meticulous investigation into the doctor and the medical facility where the abuse took place.
- Investigating the abuse: Your legal team gathers all relevant evidence, including medical records, witness statements, and the doctor's professional history.
- Filing a civil lawsuit: A civil lawsuit is a legal document filed in court that officially begins your case against the doctor and potentially the hospital or clinic. It details the wrongdoing and the damages sought.
- Demanding accountability: The ultimate goal is to secure a legal judgment or settlement that provides financial compensation and forces changes in policy to protect others.
A civil claim asserts your personal right to hold a wrongdoer financially responsible for the damage they caused to your life.
Civil Claims vs. Criminal Charges
It is valuable to distinguish between a civil claim and a criminal charge, as they are two separate legal paths that operate independently. A doctor faces both, one, or neither.
Your decision to file a civil lawsuit is entirely your own and does not depend on whether the District Attorney's office decides to press criminal charges.
- Purpose: A civil claim seeks monetary damages for the survivor. A criminal case seeks to punish the offender with penalties like fines or imprisonment.
- Who files: You, the survivor, file a civil claim with the help of your attorney. The government, through a prosecutor, files criminal charges.
- Burden of proof: In a civil case, the standard is "preponderance of the evidence," meaning it is more likely than not that the abuse occurred. In a criminal case, the standard is "beyond a reasonable doubt," which is much higher.
Even if a prosecutor declines to file charges or fails to get a conviction, your right to pursue a strong civil case for compensation remains fully intact.
Holding Hospitals and Clinics Accountable in New York
Often, a doctor's abuse is not an isolated incident but a pattern of behavior enabled by a negligent institution. Hospitals, clinics, and medical groups have a legal duty to protect their patients.
This includes properly vetting their staff and taking immediate action when complaints arise. When they fail, they share liability for the harm you endured, whether at a large medical center in Manhattan or a small neighborhood clinic in Queens.
- Negligent hiring: This is when an employer hires someone they knew, or should have known, was unqualified or posed a danger to others. This involves failing to conduct a thorough background check.
- Negligent supervision and retention: This failure occurs when a facility keeps a doctor on staff despite receiving complaints or having clear evidence of misconduct. They actively choose to ignore the risk.
- Institutional cover-up: Sometimes, an institution intentionally conceals a doctor's history of abuse to protect its own reputation, moving the predator from one place to another without consequence.
An institution's failure to protect patients is not just a moral failing; it is a legal liability that a New York sexual abuse by doctors lawyer exposes and pursues.
New York's Statute of Limitations For Sexual Abuse Claims
A statute of limitations is the legal deadline for filing a lawsuit. In New York, the laws governing these deadlines have changed significantly, providing more opportunities for survivors to seek justice.
The Adult Survivors Act created a one-year lookback window, which closed in November 2023, allowing many to file claims that were previously time-barred. Even with that window closed, other legal avenues remain.
- Standard civil deadline: For adults, the timeframe to file a civil lawsuit for intentional torts like sexual assault is typically limited.
- Child Victims Act (CVA): New York's CVA provides extended timelines for individuals who were abused as children to file lawsuits.
- Time calculation: The specific deadline for your case depends on many factors, including your age at the time of the abuse and the date the abuse was discovered.
Determining the precise deadline for your unique situation requires a detailed analysis of your case facts against current New York law.
Steps to Take After Experiencing Abuse by a Medical Professional
Once you are home and in a safe place, the steps you take can help preserve your ability to seek justice later. Documenting your experience is a powerful tool. The details you record create a clear and contemporaneous account that is valuable in a legal setting. This is about building a foundation for your case.
- Write everything down: In a private journal or a secure digital file, document every detail of the abuse you can remember. Include dates, times, locations, what was said, what happened, and anyone else who was present.
- Preserve all evidence: Keep any related documents, such as appointment reminders, bills, emails, or text messages from the doctor or the clinic. Do not delete anything.
- Identify potential witnesses: Think about anyone who may have witnessed concerning behavior or to whom you may have mentioned the abuse, even in passing, such as a nurse, another staff member, or a friend you spoke to after an appointment.
This documentation serves as your personal record, ensuring that the details are not lost to time and providing a solid basis for your legal claim.
Why Choose Horowitz Law for Your Case
Horowitz Law is a firm with a singular focus: representing survivors of sexual abuse. This is not one of many practice areas for us; it is the only one. We dedicate all our resources, knowledge, and energy to fighting for survivors of sexual assault.
Our firm provides strong, unwavering advocacy for those whose trust was violated.
- Exclusive Focus: We only handle sexual abuse cases. This dedication provides us with a deep understanding of the legal strategies required to hold perpetrators and the institutions that protect them accountable.
- Survivor-Centered Approach: Your well-being is at the center of everything we do. We manage the legal burdens so you can focus on your healing journey. We provide clear communication and a supportive environment from day one.
- A Record of Accountability: We have a history of taking on powerful institutions and individuals and securing justice for our clients. We are not afraid to litigate against large hospital networks or high-profile perpetrators.
Our firm's entire mission is to empower survivors through the civil justice system, turning your case into a force for accountability and change.
Your Path Toward Justice
What is the first step in filing a lawsuit?
The first step is speaking with an attorney who focuses on sexual abuse cases. The initial consultation is a confidential conversation where you can share your experience and learn about your legal options. There is no obligation to proceed, and this meeting is about providing you with information and clarity.
Will I have to face my abuser in court?
The vast majority of civil sexual abuse cases are resolved through a settlement before ever reaching a trial. A settlement is a negotiated agreement to resolve the case for a monetary sum without a court verdict. Your attorney handles all negotiations, and our objective is always to achieve your goals in the manner that is best for your well-being.
How much does it cost to hire a New York sexual abuse by doctors lawyer?
Attorneys at Horowitz Law work on a contingency fee basis. A contingency fee means you pay no fees upfront. We only receive a fee if we successfully recover financial compensation for you through a settlement or a court verdict. If there is no recovery, you owe us nothing.
What kind of compensation can a lawsuit provide?
Compensation in a civil lawsuit, legally known as "damages," is intended to provide financial recovery for the different types of harm you have endured. While no amount of money undoes the abuse, it provides resources for recovery and serves as a form of accountability.
- Economic damages: This includes compensation for tangible financial losses. Examples are the costs of therapy or counseling, lost wages from time away from work, and any other out-of-pocket expenses related to the abuse.
- Non-economic damages: This category addresses the intangible harm that does not have a specific price tag. It covers things like pain, suffering, emotional distress, and the loss of enjoyment of life.
- Punitive damages: In some cases of extreme or malicious conduct, punitive damages are awarded. These are not meant to compensate the survivor but to punish the wrongdoer and deter similar behavior from others in the future.
The goal of seeking damages is to provide you with the financial stability needed to support your healing journey and to hold the abuser financially responsible for their actions.
What happens if I reported the doctor to a medical board and nothing happened?
Reporting a doctor to a licensing body like the New York State Board for Professional Medical Conduct is one avenue for accountability, but it is entirely separate from a civil lawsuit.
A medical board's investigation is administrative, focuses on the doctor's license, and often has very different standards and goals. A lack of action from a medical board has no legal bearing on your right to file a lawsuit and seek compensation.
Your civil case proceeds based on the evidence your legal team gathers, not on a board's administrative decision.
Get Skilled Legal Representation Now
The decision to take legal action is a significant one. It is a step toward reclaiming control and holding those responsible for your harm accountable for their actions. If you have been harmed by a doctor, nurse, or any healthcare professional in New York, the team at Horowitz Law is here to listen. Contact us for a confidential and free consultation at (954) 641-2100.