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Jul 22, 2021 in News --> Legal News

Sexual Assault and Medical Malpractice

medical malpractice lawyer, sexual assault lawyer

The licence of an Ontario doctor was recently suspended by the Discipline Committee of the College of Physicians and Surgeons of Ontario over allegations of sexual misconduct that, according to Law Times, the committee panel deemed ‘disgraceful, dishonourable and unprofessional.’ Although we are not currently aware of any medical malpractice claim filed against the doctor, it is possible that an experienced medical malpractice lawyer would be able to assemble a case.

College of Physicians and Surgeons of Ontario v. Tan

The patient in the case, a former obstetrician/gynecologist in the Philippines, alleged that the improper conduct occurred in May 2014. The patient was surprised when the doctor performed an internal pelvic examination even though she did not submit any pelvic complaints. After the exam, the doctor asked sexually charged questions about arousal and orgasms.

She originally gave the doctor the benefit of the doubt as a fellow medical professional and as a fellow native of the Philippines. However, she also lost trust in the doctor and felt that she had been molested. She stopped visiting the doctor and eventually submitted a complaint to the college.

The doctor denied all impropriety, saying the pelvic examination happened during the course of a physical. The disciplinary panel ruled that he had committed sexual abuse and professional misconduct. His licence was immediately suspended. Subsequent arguments from the doctor – that the allegations were implausible because of the likelihood that he would get caught, or that the patient’s allegations were ‘scripted and fabricated,’ per Law Times – were rejected.

Did Medical Malpractice Occur? 

The decision by the College of Physicians and Surgeons of Ontario to suspend Dr. Tan’s licence is encouraging. Doctors operate from a position of authority over their patients, even when those patients are former medical professionals. Doctors who abuse that position must be held accountable for their actions.

Contact a Medical Malpractice Lawyer Today

If you have been injured in a medical setting, contact Neinstein Personal Injury Lawyers today to schedule a free, no-obligation consultation with a member of our experienced team. Our medical malpractice lawyers will review your claim and provide the guidance you need on your road to recovery.

 

Image: Shutterstock

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