Have You Been Sexually Abused by a Doctor in New York?
We have all read the recent headlines about sexual abuse by doctors:
- “University of Michigan reaches $490 million settlement over sexual abuse by doctor.”
- “Larry Nassar, former doctor for USA Gymnastics and Michigan State, sentenced to prison for abusing hundreds of women.”
- “Dr. Robert Haddon, former Columbia University doctor accused of sexual abuse by more than 100 women.”
- “Dozens of men file lawsuits against Ohio State over sexual abuse by wrestling team doctor.”
Much like the sexual abuse scandal that continues to plague the Catholic church, various institutions and their employees are being called out for ignoring complaints of sexual abuse by doctors under their supervision.
New York passed a law to ensure that people who were sexually abused have time to file lawsuits against their abusers and institutions that protected them. The Adult Survivors Act was signed by the governor May 24, 2022. The time to file previously time-barred lawsuits for sexual abuse begins in six months. We want you to be prepared.
At Alonso Krangle, LLP, our sexual abuse lawyers are reviewing claims for people who have been sexually abused by a doctor. You might still have time to file a lawsuit against your abuser and the institution that failed to protect you. You might be entitled to collect compensation for your injuries. Call us today for a risk-free, no-cost evaluation of your sexual abuse lawsuit.
What is the Adult Survivors Act?
The NY Adult Survivors Act (ASA) is modeled after the Child Victims Act (CVA). The CVA temporarily suspended the statute of limitation to file lawsuits for people sexually abused as children. In other words, it gave people a limited time to file lawsuits that were previously time-barred.
The ASA does the same thing for victims of sexual abuse as adults. The law will provide anyone who was 18 or over when they were sexually abused one year to file sexual abuse lawsuits that were previously time-barred by the statute of limitations.
Who Can File Lawsuits Under the Adult Survivors Act?
New York has various statutes of limitations for different “types” of sexual abuse. The legislature extended the criminal and civil statutes of limitations for a few felony sexual abuse offenses. But, the extension still only provides between one and five years to file a civil lawsuit and does not impact many acts of sexual abuse.
The ASA will give survivors of sexual abuse a limited window to pursue legal remedies, even if the statute of limitations has passed.
Under the new law, if you were 18 years old or older when sexually abused, you might be eligible to file a lawsuit under the ASA. It does not matter how old you are now. It does not matter how much time has passed since the sexual abuse occurred. It does not matter if the original statute of limitations has expired.
Victims of sexual abuse that occurred when they were 18 or older might have the opportunity to file a lawsuit.
We can determine if you have a viable claim under the new law. Our lawyers need to hear the facts of your case first. Call us, tell us your story, and let us help you file an Adult Survivors Act lawsuit.
Who Can You Sue Under the Adult Survivors Act?
Under the ASA, you can file a sexual abuse lawsuit against your abuser. Your abuser might be a(n):
- Doctor
- Coach
- College professor
- Clergy member
- Athletic trainer
- Nurse
- Co-worker
- Employer
- Caregiver
You might be able to include other parties in your lawsuit, such as the institution that employed the abuser, protected them, or failed to keep you safe. You might be able to collect damages from a(n):
- University
- College
- Athletic organization
- Business
- Church
- Hospital
- Employer
- Synagogue
- Nursing home
Consider the following scenarios in which you might file a lawsuit against your abuser and another entity:
- You are a college student-athlete and are sexually abused by the team doctor during medical exams. You complain to the head of the athletic department and the university’s dean. No one helps you or disciplines the doctor. You might file a lawsuit against the doctor and the university.
- When you seek parenting advice from your priest, he sexually abuses you. You report the abuse to the head of the diocese and church administrators. When you confront the priest, he sexually abuses you again. You might file a sexual abuse lawsuit against the priest and the Catholic church.
- You are a professional athlete who is being sexually abused by the coach of your team. You notify the team’s owner and general manager, who tell you to ignore it. You might file a sexual abuse lawsuit against the coach and the team owner.
In many situations involving sexual abuse, some liability falls on the institution or entity that had a legal duty to protect you – and failed to do so.
What Compensation Can You Seek in a Sexual Abuse Lawsuit Under the ASA?
A sexual abuse lawsuit does not address criminal guilt or innocence. It addresses civil liability. Does the person who sexually abused you owe compensation for your injuries? Does the person’s employer or another entity owe you compensation for failing to protect you from the abuse?
You might be entitled to collect compensation for:
- Doctor visits and hospitalization
- Counseling or therapy
- Rehabilitation services
- Medication
- Lost wages
- Lost future income or earning capacity
- Pain and suffering
- Loss of consortium
- Mental anguish
- Punitive damages
There are no guarantees when you file a sexual abuse lawsuit. Every case is different, and the outcome depends on the facts of your specific case. At Alonso Krangle, LLP, we strive to ensure our clients collect the maximum amount of damages allowed by law.
Remember the Adult Survivor Act will give you a limited window to file your sexual abuse lawsuit. Call us today for your free case evaluation.
What are Some Injuries Caused by Sexual Abuse?
Sexual abuse at any age can cause injuries that last a lifetime. Physical injuries might heal over time, but the emotional damage can forever affect your decisions, relationships, and earning capacity. The emotional damage caused by sexual abuse can also affect your physical health.
Sexual abuse victims often experience some of the following injuries:
- Anxiety
- Depression
- Addiction to alcohol or drugs
- Inability to keep or obtain a job
- Suicide
- Criminal behavior
- Unhealthy relationships with others
- Repeated victimization
- Violent tendencies
- Self-harming behavior
- Insomnia
- Fear and mistrust of others
- Infertility
- Sexually transmitted disease
- Bruising, scarring
Some of the injuries above can take years to manifest. Some victims of sexual abuse repress memories or distort situations so they don’t have to face the reality of sexual abuse.
The severity of suffering caused by sexual abuse is one reason NY passed the Adult Survivors Act.
It can take years for some victims of sexual abuse to confront, accept, or understand what occurred. NY wants to make sure victims of sexual abuse have ample opportunity to file lawsuits against the people responsible for hurting them.
How Can Doctors Sexually Abuse Adults?
Patients tend to trust their doctors. We expect them to treat us with respect, be professional, and care for us. We are often physically and emotionally vulnerable in their presence, making us all potential victims of sexual abuse.
Sexual abuse is non-consensual/unwanted sexual touching. It includes rape. But, it also includes unwanted groping, kissing, and touching of genitalia. It can also include making a patient uncomfortable with sexual innuendo or “hitting on them.”
How do doctors carry out sexual abuse against their patients?
- Performing unwanted, unnecessary, or inappropriately invasive vaginal or rectal examinations
- Performing uncomfortable or unwarranted visual or physical examinations of breasts or genitalia
- Taking photos or videos of patients during exams or while under anesthesia
- Sexually assaulting victims while they are under anesthesia
- Engaging in self-pleasure or gratification in the presence of patients
- Exposing themselves to patients
- Using chemical or physical restraints on patients
- Forcing patients to engage in sexual acts
It is hard to think about doctors harming patients by sexually abusing them. Unfortunately, as we learn more each day, it happens. Hopefully, with the passage of the Adult Survivors Act, more victims will come forward and seek accountability and compensation from their abusers.
Did A Doctor Sexually abuse you? Call Alonso Krangle, LLP For A Free Evaluation of Your Sexual Abuse Claim
If you were sexually abused by a doctor when you were 18 or older, you might be entitled to file a lawsuit even if the statute of limitations has expired. The Adult Survivors Act will provide a one-year window for people to file sexual abuse lawsuits against their doctors and the hospitals, universities, or other entities that might be responsible.
Call Alonso Krangle, LLP now at 800-403-6191 for your free case evaluation.