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Holding Healthcare Institutions Accountable

Sexual abuse and sexual assault in New York's hospitals, medical centers, and other healthcare facilities is a devastating violation of trust and safety. Patients are often in vulnerable situations, relying on medical professionals to provide care and treatment. Unfortunately, some individuals exploit this vulnerability, leading to instances of abuse by doctors, nurses, or other healthcare workers. These traumatic experiences can leave survivors with both physical and emotional scars, causing lasting psychological effects and eroding their confidence in the healthcare system.

Survivors of such abuse have the right to seek justice and hold perpetrators accountable, as well as the institutions that failed to protect them. Attorney Michael S. Lamonsoff, known as Michael The Bull, is a relentless advocate for survivors of sexual abuse and assault, including those who have suffered at the hands of healthcare professionals. With nearly 30 years of experience, he has dedicated his career to representing personal injury victims and survivors of sexual misconduct. Michael believes that personal injury is not just physical—it’s deeply emotional and psychological too, which drives his powerful pursuit of justice for survivors.

Before founding the Law Offices of Michael S. Lamonsoff, Michael earned two master’s degrees in psychology from Columbia University and worked as a clinical therapist, where he counseled survivors of sexual assault and abuse. It was during this time he realized there was more he could do beyond counseling—survivors needed more than emotional support; they needed justice. This realization fueled his vision to build one of the most relentless legal teams in New York, dedicated to fighting for survivors' rights. Michael has handpicked a team of skilled sexual assault attorneys and fierce former prosecutors who share his passion and vision. Together, they are committed to holding both perpetrators and the powerful institutions that enable abuse accountable, ensuring justice is served.

Michael S. Lamonsoff and his team have secured millions of dollars in verdicts and settlements, taking on some of the largest and most notorious abusers and institutions in New York. While the trauma of abuse remains, the act of holding those responsible accountable can provide a profound sense of justice and empowerment. The time for justice is always NOW, and Michael S. Lamonsoff is ready to stand with survivors, offering world-class support and steadfast strength every step of the way on their journey to justice. Reach out to Attorney Michael The Bull today—your fight for justice starts here.

New York Laws Related to Sexual Abuse in Medical Facilities

New York has strict laws to protect individuals from sexual abuse and assault in hospitals, medical centers, urgent cares, minute clinics, doctors' offices, and other healthcare facilities. These laws aim to safeguard patients from abuse by healthcare providers—whether doctors, nurses, or other medical professionals—and ensure accountability for any individuals or institutions that fail to maintain a safe environment. No matter the setting, these protections are in place to help prevent exploitation and support survivors in holding perpetrators and negligent institutions accountable.

Civil Claims for Sexual Abuse in Healthcare Settings

Under New York law, survivors of sexual abuse in hospitals and healthcare settings can file civil lawsuits against both the perpetrators and the institutions that failed to prevent the abuse. These lawsuits can seek compensation for:

  • Medical expenses related to physical injuries
  • Emotional distress and psychological harm
  • Lost wages or diminished earning capacity due to trauma
  • Pain and suffering caused by the abuse

Survivors of sexual assault or abuse by a medical provider, doctor, or other healthcare professional have the option to file claims under New York City’s Gender Motivated Violence Act (GMVA). This law specifically applies to incidents that occur within the five boroughs of New York City, providing an avenue to seek justice for gender-based violence committed within the city’s jurisdiction. Survivors may also file claims under New York’s Adult Survivors Act (ASA) and Child Victims Act (CVA) if they were abused as minors. These laws provide extended statutes of limitations, allowing survivors more time to bring their claims.

Mandatory Reporting Requirements

New York law requires healthcare professionals to report any suspected sexual abuse. Hospitals and medical facilities are obligated to follow strict protocols for identifying and addressing potential abuse, which includes immediate reporting to law enforcement and internal investigations. Failure to comply with mandatory reporting laws can lead to penalties for the institution and legal consequences for those who ignored or covered up abuse.

For example, a disgraced OB-GYN from Columbia University Medical Center was reported in 1992 for sexually assaulting a young female patient. But instead of taking effective investigative measures, the complaints were ignored for nearly 25 years. Hundreds of women have since come forward, exposing his years of abuse. If you were sexually assaulted by Dr. Robert Hadden, contact us for a free consultation by clicking here.

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Institutional Accountability

Hospitals and healthcare facilities can be held liable for failing to protect patients from sexual abuse. If a facility does not conduct proper background checks, ignores complaints, or fails to enforce policies to prevent abuse, it can be sued for negligence. Employers are responsible for ensuring that their staff provides care in a safe and professional manner, and they must act quickly to remove any employees suspected of misconduct.

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Protections for Vulnerable Patients

Patients with cognitive impairments, minors, and those who are incapacitated are particularly vulnerable to abuse in medical settings. New York law recognizes these heightened risks and provides additional protections for these populations. Sexual abuse of incapacitated individuals or those who cannot consent due to medical conditions is treated with even greater legal severity, both in criminal and civil courts.

How Long Do I Have to Report a Doctor or Medical Provider for Sexual Abuse or Assault in New York?

In New York, the general statute of limitations for filing a civil lawsuit for sexual assault is typically three years from the date of the incident. However, specific laws provide additional timeframes for survivors to seek justice.

In New York City, survivors of sexual abuse or assault can utilize the Gender-Motivated Violence Act (GMVA), which allows them to file claims for up to seven years from the date of the incident. This act is significant in holding perpetrators accountable within the five boroughs and highlights the urgency of seeking justice in cases of gender-based violence. However, it's important to note that this window will be closing in March 2025.

Additionally, survivors previously had opportunities under the Adult Survivors Act (ASA) and the Child Victims Act (CVA). The ASA reopened a one-year "lookback window" for adult survivors, which closed on November 24, 2023. The CVA allowed child survivors to file lawsuits until they turned 55. Many survivors across the state have taken advantage of these opportunities and are currently in litigation, pursuing justice for the abuses they endured.

If you or someone you know has experienced sexual abuse, consulting with an experienced attorney is crucial to exploring your options for seeking justice under the GMVA and other relevant laws. Click here to schedule a free and confidential consultation now with top-rated sexual abuse attorney Michael The Bull.

Confidentiality and Privacy Rights

Under New York Public Health Law and HIPAA, survivors of sexual abuse in healthcare settings are entitled to confidentiality regarding their medical treatment and legal actions. Healthcare institutions are required to safeguard the privacy of survivors, ensuring that their identities are protected during investigations and legal proceedings.

Types of Medical Settings in New York Where Sexual Abuse Commonly Occurs

Sexual abuse in healthcare settings is a devastating violation of trust, and it can occur in various medical environments where patients are vulnerable. In New York, cases of sexual abuse have been reported in a range of medical settings, where predators exploit their authority and access to patients. Below are some of the common types of medical settings in which sexual abuse can occur:

Hospitals

Hospitals, especially in emergency departments, inpatient wards, and psychiatric units, are environments where patients may be particularly vulnerable. The power imbalance between medical staff and patients, combined with the trust placed in healthcare professionals, can lead to instances of abuse by doctors, nurses, or other staff members.

Urgent Care Centers

Urgent care centers across New York, particularly in Queens, should be safe spaces where patients can seek medical care without worry. Unfortunately, cases of improper touching or abuse of power by medical staff have been reported in these settings. If a doctor or healthcare provider does anything that makes you second-guess whether their actions are appropriate, it’s crucial to trust your instincts and report it. Sexual assault attorney Michael S. Lamonsoff and his team are dedicated advocates, ready to help those affected by such misconduct seek justice and accountability.

Rehabilitation Centers

Rehabilitation centers, including drug and alcohol treatment facilities, are places where individuals may be recovering from trauma or substance abuse and may be in a vulnerable state. Sexual abuse can occur in these settings, either by staff members or other residents, and often goes unreported due to fear or dependency on the facility for recovery.

Doctors’ Offices and Clinics

Sexual abuse can also occur during routine medical exams in doctors' offices, particularly during intimate procedures such as gynecological exams, urological exams, or physical therapy sessions. In some cases, doctors or medical professionals abuse their position of authority and violate patient trust during examinations.

Nursing Homes and Long-Term Care Facilities

Elderly or disabled individuals in nursing homes and long-term care facilities can be at heightened risk for sexual abuse, particularly if they are cognitively impaired or unable to advocate for themselves. Staff members or other residents may take advantage of their vulnerability, and neglectful supervision can allow abuse to go unnoticed.

Psychiatric Facilities

Patients receiving mental health treatment in psychiatric hospitals or outpatient clinics are also at risk of sexual abuse. Their mental health status can make it difficult for them to understand or report the abuse, and perpetrators may exploit this vulnerability. Abuse in psychiatric settings can be particularly damaging due to the psychological fragility of the victims.

Dentist Offices

Sexual abuse has been reported in dental offices, especially when patients are sedated for dental procedures. Dentists or dental assistants may take advantage of the patient’s vulnerable state during sedation to engage in inappropriate conduct.

Surgical Centers

Surgical patients are often under anesthesia or sedation, making them highly vulnerable to abuse. Sexual assault may occur while a patient is unconscious or sedated, and perpetrators may take advantage of the patient’s incapacitated state. In these settings, it can be challenging for victims to even be aware of the abuse, making it crucial for facilities to have strict protocols in place.

Emergency Rooms

Emergency rooms (where patients are mostly in distress or unable to protect themselves) are settings where sexual abuse can occur. The fast-paced nature of ERs and the constant flow of patients can sometimes lead to lapses in oversight, allowing abuse to go undetected.

Outpatient Treatment Centers

In outpatient treatment centers, including fertility clinics, pain management centers, or cosmetic surgery offices, patients undergoing intimate procedures or treatments may be at risk of abuse. These centers often involve one-on-one interactions between patients and medical professionals, creating opportunities for abuse to occur in private settings.

Home Healthcare Settings

Patients receiving care at home, such as from home health aides, nurses, or caregivers, are also susceptible to sexual abuse. Home healthcare workers may exploit the isolation of the patient and the private nature of home visits to engage in abusive conduct. Elderly, disabled, or mentally impaired patients are particularly vulnerable in these situations.

Chiropractic and Physical Therapy Clinics

Patients in chiropractic or physical therapy clinics may be subjected to inappropriate touching or sexual advances under the guise of treatment. These settings often involve physical contact, which can sometimes be used as a cover for sexual abuse by unscrupulous practitioners.

Pediatric Facilities

Children receiving care in pediatric hospitals, clinics, or doctor’s offices are particularly vulnerable to sexual abuse. Medical staff or other individuals in these settings may exploit a child's inability to understand or communicate the abuse. Parents and guardians may also be unaware of what occurred due to the young age of the victim.

Dermatology and Cosmetic Surgery Clinics

In dermatology and cosmetic surgery clinics, patients may be subjected to invasive procedures that require them to be partially or fully undressed. This can create opportunities for inappropriate touching or other forms of sexual misconduct under the guise of medical treatment.

Choose a Dedicated New York Medical Facility Sexual Abuse Lawyer to Maximize Your Compensation

If you or a loved one has been a victim of sexual abuse in a medical setting, you deserve a top-rated sexual abuse attorney who will fight with relentless dedication for the justice you deserve. Michael S. Lamonsoff, widely known as Michael The Bull, has built his reputation on securing maximum compensation for survivors, standing as a fearless advocate against abusers and the institutions that failed to protect you. With extensive experience and proven success, Michael The Bull and his team are here to provide the strength, skill, and commitment you need. Contact the Law Offices of Michael S. Lamonsoff, PLLC, today to take a step toward freedom from the weight of silence.

For a confidential, free consultation, call 212-962-1020 or complete our online contact form.

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