A doctor or hospital sexual abuse claim is a civil case brought by a patient who was sexually touched, examined without medical purpose, exposed to or assaulted by a physician, nurse, technician, orderly or other staff member while receiving care. It can name the individual provider and the medical practice, hospital or health system responsible for hiring, credentialing and supervising them.
Blank Kim Injury Law represents patients throughout Northern Virginia, from Fairfax and Falls Church to Reston, Arlington and Alexandria. Everything you tell us is confidential. Attorney Robert Kim speaks Korean, and our paralegal team speaks Spanish.
Immediate support and safety
- Call 911 if you are in danger or need urgent medical attention.
- The RAINN National Sexual Assault Hotline, 1-800-656-4673, connects you with a trained local advocate at any hour.
- If the patient was a child, call Virginia Child Protective Services at 1-800-552-7096.
- If the patient was an older or incapacitated adult, including a hospital or rehabilitation patient, call Adult Protective Services at 1-888-832-3858.
If the abuse happened at a hospital where you still receive care, you are entitled to ask for a different provider. You do not have to see the person again.
When an exam crosses the line
Patients often doubt their own judgment because a medical setting makes unusual contact seem normal. Signs that an exam or procedure was not legitimate include:
- A breast, pelvic, genital or rectal exam unrelated to the reason for your visit, or done without explanation
- Refusing a chaperone, or sending the chaperone out of the room
- Not using gloves, or touching in ways that seemed sexual rather than clinical
- Comments about your body, questions about your sex life with no medical purpose, or requests to meet outside the office
- Touching while you were sedated, recovering from anesthesia or otherwise unable to respond
- Being asked to undress fully when the visit did not require it
A second medical opinion about what a legitimate exam for your condition involves is often an important part of these cases, and it comes from an expert witness reviewing the records, not from you having to prove it alone.
Holding the practice or hospital accountable
Health systems control who is allowed to treat patients. When a provider abuses a patient, the questions often extend past that individual:
- Credentialing and hiring. Did the hospital or practice check licensing history, prior complaints and past employers?
- Chaperone and exam policies. Were sensitive exams required to have a chaperone, and was the rule followed?
- Response to earlier complaints. Did colleagues or patients report concerns that were ignored or quietly handled?
- Supervision of vulnerable patients. Were sedated, pediatric or psychiatric patients left alone with a single staff member?
A health system that kept a provider in place after warnings can face its own claim for negligent retention or supervision. When a death or a serious medical injury is also involved, we coordinate with our medical malpractice practice. Care in the emergency room and during surgery raises its own evidence questions.
Does medical malpractice law apply?
Virginia’s Medical Malpractice Act sets special procedures for claims against health care providers, including a requirement to obtain a written expert opinion from a qualified health care provider before serving suit, under Va. Code § 8.01-20.1, and a cap on total damages under Va. Code § 8.01-581.15.
Whether those rules reach a sexual assault by a provider is a real legal question. An assault is not a medical judgment, and some claims against the individual or the institution may be framed outside malpractice law. The answer affects procedure and potential recovery, so we analyze it at the start of every case. Our guide to Virginia medical malpractice laws explains the Act in more detail.
Reporting a provider to the licensing board
Physicians, nurses and most other licensed health professionals in Virginia are regulated through boards under the Virginia Department of Health Professions, which investigates complaints and can suspend or revoke a license. Hospitals themselves are licensed by the Virginia Department of Health.
| Path | What it can do | What it cannot do |
|---|---|---|
| Licensing board complaint | Investigate and discipline the provider’s license | Compensate you |
| Police report | Lead to criminal charges | Pay for your treatment or losses |
| Hospital patient relations complaint | Trigger an internal review | Hold the hospital independently accountable |
| Civil claim | Seek compensation from the provider and institution | Punish the provider criminally |
You can pursue one path, several or none. We explain the tradeoffs so the decision is yours. See our guide on reporting sexual abuse in Virginia.
Time limits for these claims
Virginia has special timing rules for sexual abuse claims, and they can differ from the ordinary two-year personal injury rule in Va. Code § 8.01-243(A). Claims framed as malpractice and claims involving a patient who was a minor carry their own rules. Rather than guess, have an attorney review your dates. Read more about the Virginia sexual abuse statute of limitations.
How we work with patients who were abused
- Confidential intake. Speak with us by phone or by appointment at our Fairfax office on Chain Bridge Road.
- Records. We request your chart, appointment logs and billing records, which often show who was in the room and what procedure was recorded.
- Independent review. Where it helps, a qualified physician reviews whether the exam had any medical justification.
- Institutional investigation. Through the lawsuit we seek credentialing files, prior complaints and internal reports.
- Resolution or trial. We press the claim against every responsible party and, when needed, take it to court.
Learn about our Virginia sexual abuse practice and our attorneys.
