Sexual abuse by healthcare professionals, such as doctors, nurses, therapists, and other staff, is not an isolated occurrence. Too often, sexual predators exploit the provider-patient relationship, using the trust placed in them and the influence of their position to take advantage of patients.
Countless people are subjected to such abuse every year. However, many victims do not immediately process what has happened to them or are unsure about what constitutes healthcare sexual abuse, so underreporting is a systemic issue.
On This Page
- How Common Is Sexual Abuse in Healthcare Settings?
- Sexual Misconduct by Healthcare Role
- Where Sexual Abuse in Healthcare Most Often Occurs
- Why Sexual Abuse in Healthcare Settings Is Underreported
- What Happens When Medical Sexual Misconduct Is Reported?
- Legal Options for Survivors of Healthcare Sexual Abuse
- Healthcare sexual abuse occurs when a doctor, nurse, or other healthcare professional takes advantage of their position to abuse or assault a patient.
- Studies show that medical sexual abuse disproportionately affects female patients.
- If you or a loved one has experienced sexual abuse or assault by a healthcare professional, you have legal rights and options for holding the responsible parties accountable.
How Common Is Sexual Abuse in Healthcare Settings?
It’s difficult to assess how common sexual abuse in healthcare settings actually is, largely because only about 5% to 10% of victims ever report it. Many patients don’t immediately realize what has happened or recognize that it constitutes sexual abuse. Others may feel uncomfortable questioning their doctor’s conduct.
In a study of 280 doctor sexual abuse cases between 2008 and 2015, 101 involved sexual abuse of patients by physicians in various fields. Almost 90% of the patients subjected to abuse were female, but only 60% were adults. In cases of sexual abuse by doctors, the abusers’ most common field was family medicine and pediatrics, accounting for 40% of cases in the study.
Sexual Misconduct by Healthcare Role
Healthcare sexual abuse and misconduct are committed by a variety of healthcare professionals, including physicians, nurses, technicians, aides, support roles, and even other patients.
Medical Sexual Abuse by Doctors
According to one 2016 study on sexual abuse by doctors, more than 1,000 U.S. physicians were reported to the National Practitioner Data Bank for sexual misconduct between 2003 and 2013. More than 90% of these cases involved physicians aged 40 or older, and almost 90% of victims were female.
There was a higher percentage of serious licensure actions and clinical privileges revocations in sexual misconduct reports than in reports for other offenses. However, 70% of the physicians with a clinical privilege or malpractice report due to sexual misconduct were not disciplined by medical boards.
Medical Sexual Abuse by Nurses
A 2018 study found that from 2003 to 2016, 882 nurses were reported for sexual misconduct. Most of the reported nurses were between the ages of 35 and 54, and almost two-thirds were male. More than half were registered or advanced practice nurses. Three-quarters of victims in sexual misconduct-related malpractice reports were female.
The study found that licensing boards were more likely to take more severe disciplinary actions for sexual misconduct than for other offenses by nurses. However, of the 33 nurses reported to the National Practitioner Data Bank for sexual-misconduct-related malpractice reports, only about half were disciplined by a state nursing board.
Healthcare Worker Victimization
Healthcare sexual abuse doesn’t just affect patients. Many medical professionals suffer abuse from patients and other professionals. According to data regarding workplace violence in healthcare from the Bureau of Labor Statistics, there is a significantly high incidence rate of nonfatal assaults and violent acts against workers in nursing and residential care facilities. These workers also faced high rates of nonphysical violence, like threats and sexual harassment, with almost 40% of nursing and residential care workers reporting verbal abuse each year.
Where Sexual Abuse in Healthcare Most Often Occurs
Practitioners in any specialty can perpetrate medical sexual abuse, but the most common fields of reported sexual abusers include internal medicine, obstetrics, gynecology, psychiatry, neurology, family medicine, and pediatrics. In particular, numerous OB-GYNs have faced criminal charges and been sued across the U.S. in recent years for allegedly abusing patients.
Among healthcare settings, unsupervised outpatient exams pose a higher risk of sexual misconduct. Meanwhile, healthcare institutions that treat high-risk patients, such as mental health facilities and nursing homes, also have higher documented rates of sexual abuse.
Why Sexual Abuse in Healthcare Settings Is Underreported
The power imbalance and trust inherent in the provider-patient relationship often make patients feel uncomfortable or unsure about reporting assault and abuse when it occurs. They may also fear not being believed, especially if they were sedated at the time of the abuse or suffer from cognitive impairments. Many patients feel that it would be easier to quietly terminate the provider-patient relationship, or avoid the doctor or nurse altogether, rather than report the abuse.
What Happens When Medical Sexual Misconduct Is Reported?
When medical sex abuse or misconduct is reported, the National Practitioner Data Bank logs the adverse action or malpractice payment record, but it does not investigate or independently discipline the provider. Instead, state licensing boards and law enforcement conduct any investigations. Hospitals, clinics, and healthcare systems may also conduct internal reviews.
Despite the processes in place for medical sexual misconduct reporting, some studies have found that the majority of reported doctors don’t face serious consequences. A 2016 investigation by the Atlanta Constitution Journal found that 3,100 doctors had been publicly disciplined since 1999 for sexual infractions, and while 2,400 were sanctioned, 50% retained active medical licenses.
Doctors who subject patients to sexual misconduct don’t always lose their license or face criminal charges. Many were allowed to seek treatment and return to practice, while others were allowed to retire quietly. Most states don’t have laws requiring medical regulators to notify police about potential criminal acts against adults, including medical sexual assault.
Legal Options for Survivors of Healthcare Sexual Abuse
Survivors of healthcare sexual abuse by doctors, nurses, or other healthcare professionals have legal rights and options for seeking accountability. You can report the abuse to your state’s medical board or police. However, you may also have grounds to file a civil lawsuit against the perpetrator and any healthcare organizations that enabled the abuse and failed to protect you. Criminal charges against the perpetrator are not required to pursue a civil claim. Get legal help today.
