Personal Injury
Columbus, Ohio

Ohio Doctor Faces Medical Malpractice Lawsuit for Non-Consensual Touching

Malpractice lawyers in Columbus, OH know that there are many different reasons why patients make medical malpractice claims against doctors.  Some of the most upsetting reasons for a malpractice claim for most patients, however, occur when doctors have done something wrong on purpose. This is especially true if the doctor's intentional acts involved sexual misconduct or unwanted touching. hospital-hand-1100587-m

One Ohio doctor is facing multiple medical malpractice claims based on just this type of behavior. According to Ohio.com, eight former patients have already filed a lawsuit against the doctor and another 10 are considering joining the lawsuit as plaintiffs to hold both the doctor and his clinic responsible for medical malpractice.

Medical Malpractice and Touching Without Consent

The doctor accused of the sexual misconduct against his patients was an osteopath specialist. The doctor worked with another physician in a medical practice at a pain management clinic and reports indicate that complaints about the osteopath resulted in a policy change at the clinic in 2012. In response to patient and staff comments that the osteopath was acting inappropriately, the clinic began to require a female chaperon in the room when female patients were being treated.

The doctor's history of non-consensual touching is thus clearly extensive and dates back for several years. Reports indicate that those who were victims of the doctor's actions range from women of child-bearing age to the elderly.  Complaints by women who the doctor touched without consent have prompted a criminal investigation, although no indictment has yet been forthcoming.

The medical board, however, has indicated they found "clear and convincing evidence that his [the osteopath's continued practice presents a danger of immediate and serious harm to the public." Based on this finding, the State Medical Board of Ohio has suspended the doctor's license. The suspension of the license may be helpful evidence for the victims who are pursuing medical malpractice claims.

Understanding Medical Malpractice Cases

While most people associate medical malpractice cases with doctors botching surgeries or making similar mistakes due to negligence or oversight, medical malpractice claims can also arise when doctors intentionally do things that are wrong.

Medical malpractice claims based on intentional wrongdoing are common in cases where doctors provide treatment patients do not really need in an effort to obtain more payments and insurance money. Malpractice cases based on intentional wrongs also happen in situations like this one, where a doctor engages in non-consensual touching or sexual assault against patients.

In any medical malpractice case, whether arising from a medical error or from intentional wrongdoing, it is up to the injured victims to prove that the doctor's actions were below the standard of care expected of a reasonable professional in a similar position. No reasonable doctor would abuse his role to touch patients without consent, so those who were victims of this type of behavior should have a strong case to obtain compensation as long as they can prove that the doctor actually did what they have accused him of doing.

Malpractice lawyers in Columbus, OH can help if you were harmed by a healthcare provider. Call the Smith Law office today at 800-930-SCOTT to schedule a free consultation.

Scott Smith is a lawyer based out of Columbus, Ohio. He works hard to protect the rights of personal injury victims. He has three decades of experience in Central Ohio in cases ranging from car and truck accidents to premises liability.

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