Sexual Assault / SAM
Employers are not responsible for intentional, criminal acts of their employees. If healthcare providers assault their patients, it is not for the benefit of their employers, the hospitals where they treat patients, or the buildings where they lease office space. Yet, any connected entity risks being sued when allegations of abuse surface.
By any name – sexual assault, molestation, misconduct, gender violence – the instances of physicians being accused of inappropriate behavior has become a central focus of healthcare organizations and their insurance carriers. SAM (sexual assault and molestation) claims have proliferated. For the ten year period ending in 2013, data from the National Practitioners Databank suggested less than 0.1% of physicians had been disciplined for sexual misconduct. Some sources, however, suggest 3% -10% of all physicians have sexually assaulted or abused a patient, which would represent an extraordinary (and unconfirmable) number. For the first time in 2023, assault/rape events moved into the top five event categories for sentinel events as monitored and reported by The Joint Commission.
Lawsuits involving sexual assault or molestation claims represent unprecedented challenges for defense teams as 1) the scope of victims/accusers/survivors is often broad and fluid, 2) the timeline of abuse may stretch for decades, and 3) the allegations are horrific. The scope of discovery can be extraordinary. Further, because of insurance policy language and the prolonged window of allegations, there are virtually always coverage issues.
Our team includes a former prosecutor and former public defender, both of whom tried sex abuse / assault cases in the criminal arena. Our firm has defended hospitals, co-workers, property owners, and management companies accused of willful or negligent ignorance of abusive activities. Prospectively, we also work with clients on employee training and policy compliance.
For more information on support for survivors of abuse, the Rape, Assault & Incest National Network (RAINN) hosts a website here and a National Sexual Assault Hotline at 800.656.4673.