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Sexual Abuse by Medical Professionals: Know Your Rights and Legal Options 

Posted on by Napoli Shkolnik
sexual abuse in healthcare blog

What is Sexual Abuse by a Medical Professional? 

Sexual abuse by a medical provider is any non-consensual sexual act, comment, or contact that occurs while you’re receiving care. It can be subtle, an inappropriate joke, a lingering touch, or overt, such as unwanted sexual contact. Either way, it’s a violation of your trust, your body, and, often, the law. 

These experiences can leave lasting physical, emotional, and psychological scars, and many survivors don’t immediately recognize what happened to them as abuse. That’s part of why it remains so underreported. 

When you see a doctor, dentist, therapist, or any other medical professional, you’re placing your health and your trust in their hands. That trust should never be broken. But for a troubling number of patients, it is. 

This guide breaks down what sexual abuse in a medical setting can look like, what your rights are during an exam, and what steps you can take if something feels wrong. 

What are Your Rights During a Medical Exam? 

A visit to a medical provider, whether routine or more sensitive in nature, should always feel safe and respectful. As a patient, you’re entitled to: 

  • Privacy while changing clothes or during exams 
  • A clear explanation before and during any part of the exam 
  • A request for your consent before being touched, along with a reason why 
  • The ability to stop the exam at any time, for any reason 
  • A chaperone in the room if you want one 
  • Gloves are used during any exam involving private areas 
  • Your pain and discomfort are being taken seriously 
  • Respect for your language, culture, and religious beliefs 

If any of these basic protections are missing, or you’re made to feel unsafe or uncomfortable, that’s a red flag worth paying attention to. 

Where the Line Is: What’s Appropriate and What Isn’t 

Some exams necessarily involve intimate areas of the body, but even then, clear boundaries apply. 

A provider should: 

  • Use gloves and proper draping 
  • Limit exposure to only the area being examined 
  • Encourage questions 
  • Explain each step as it happens 

A provider should never: 

  • Make sexual comments or gestures 
  • Touch you without gloves during an intimate exam 
  • Refuse to explain what they’re doing 
  • Insist on full undressing when it isn’t medically necessary 
  • Deny your request to have someone else in the room 

Recognizing Sexual Misconduct in a Medical Setting 

According to the Federation of State Medical Boards, sexual misconduct covers a wide spectrum of behavior, from harassment to non-consensual sexual contact. Examples include: 

  • Offering treatment, prescriptions, or services in exchange for sexual favors 
  • Performing an intimate exam without medical necessity or your consent 
  • Deliberately watching you undress 
  • Making sexually suggestive jokes or comments about your body 
  • Asking sexual history questions unrelated to your care 
  • Kissing, oral sex, or intercourse initiated by the provider 

Sexual Abuse by Doctors: Statistics Every Patient Should Know  

Research on physician sexual misconduct paints a sobering picture of how widespread and how hidden this problem is. 

Scope of the problem: 

  • A 2023 study found that 8.96% of patients reported experiencing sexual violence perpetrated by a healthcare professional. 
  • Only an estimated 5–10% of victims ever report abuse by a physician, making it one of the most underreported crimes in healthcare. 

Who’s affected, and by whom: 

  • In an analysis of 101 physician sexual abuse cases, roughly 89% of victims were women, and about 60% were adults. 
  • These cases occurred most often in family medicine and pediatrics, followed by psychiatry and neurology, internal medicine, and OB/GYN. 
  • A 2024 study found that 1 in 5 cases involved vulnerable patients, such as minors or people with cognitive disabilities, and roughly 1 in 3 cases involved grooming behaviors like boundary-crossing or inappropriate attention. 
  • In the 101-case analysis, 85% of the offending physicians examined patients without a chaperone present, and 72% lacked board certification. 

Repeat behavior and accountability gaps: 

  • A 2019 study found that the vast majority of offenders had engaged in repeated misconduct, and nearly all admitted their actions were intentional. 
  • A separate analysis found that while 87% of doctors accused of sexual misconduct lost or gave up their licenses, 74% were later allowed to return to practice. 
  • Only a handful of U.S. states require medical boards to report sexual abuse allegations to law enforcement. 
  • One revisar found that 81% of sexual misconduct cases against doctors closed with no formal action, and just 2% led to official discipline. 

These numbers don’t just point to individual bad actors; they point to systemic gaps that allow abuse to continue. 

Why Medical Sexual Abuse Often Goes Unreported 

Most survivors never report what happened to them. Many don’t recognize the experience as abuse in the moment, especially in a setting where they’re taught to trust the person examining them. Others fear they won’t be believed, or simply don’t know how or where to file a report. 

If you’ve felt confused about whether something that happened to you “counts,” know this: your instincts matter. If something felt wrong, it’s worth taking seriously. 

How to Protect Yourself During a Medical Visit 

  • Bring a chaperone. A trusted friend, family member, or staff chaperone in the room can help you feel safer and can serve as a witness. 
  • Ask for a different provider. You can request a new provider, or a provider of a different sex, at any point, even mid-appointment. Rescheduling is a small inconvenience compared to your safety and comfort. 
  • Stop the exam. You are never obligated to continue. You can say, “I’m feeling uncomfortable, so I’m going to leave now,” or simply walk out. 

How to Report Sexual Misconduct by a Provider 

If you believe you’ve experienced sexual misconduct by a physician, you can file a complaint with your state’s medical board. For other types of providers, different licensing boards apply: 

Reporting to a licensing board is a separate process from pursuing legal action, and you’re not required to choose one over the other. 

You Have Legal Options 

Can You Sue a doctor or Hospital for Sexual Abuse? If you were sexually abused by a doctor, nurse, therapist, or any other medical professional, you may be entitled to pursue a civil claim, separate from any criminal case or licensing board investigation. A successful claim can help hold the provider and, in many cases, the hospital or practice that employed them accountable, while providing compensation for your medical care, therapy, lost wages, and pain and suffering. 

At Napoli Shkolnik, we understand how difficult it can be to come forward. Our attorneys handle these cases with the discretion and compassion survivors deserve, and we’re prepared to fight for accountability on your behalf. 

If you or someone you love has experienced sexual abuse by a medical professional, contacto Napoli Shkolnik for a confidential consultation.