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WebMD Health News

Friday, September 08, 2006

Sexual Abuse by Medical Professionals
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Sexual abuse stories make headlines, especially when they involve the clergy and medical professionals. Doctors and other health care professionals who are accused of violating their oath and patient trust, who may have crossed over that thin line, tend to lose their licenses; and many even go to jail.

Some, unfortunately, get away with overt sexual impropriety for years. Some are never caught or even accused. Some are even doing it today. It may have even happened to you.

This story happened to a very good friend of mine. While I trust my friend and gave testimony in court on his character, there are always those lingering doubts. Did he violate this trust behind the closed doors of an examination room?

Perhaps the only people who know the real truth are the two people that were actually there. One went to jail and lost everything...professional license, family, and savings account. The other bought a new house and car with the malpractice settlement. If he truly did the things he was accused of, then justice was served. If he was the victim of false accusations, then that person is going to have a lot of explaining to do in front of God someday.

The medical encounter is a very sacred relationship. Patients not only bare their bodies, but they bare their souls. It is a privilege to care for others, but it is also an awesome responsibility.

After my friend went to jail, I was so demoralized that I decided to leave the practice of medicine and go back to full-time medical education. This event changed me as well. I have returned to clinical practice again, after several years as a university professor, partly because I grew weary of whiny 30-year-old masters students, but mostly because I really missed clinical practice. I don't mind the whining of two-year olds.

Patients can misinterpret examination components if the medical provider does not explain what they are doing, and why. For instance, a breast examination includes expressing the nipple for discharge or blood. If you don't tell the patient you are going to squeeze their nipple (and why), you could be in big trouble.

In my recent Blog about "patients as sheep", Carolyn wrote about her experience with her endocrinologist. He insisted that she be disrobed above the waist, in a paper gown open in the front, for a thyroid exam (neck). She also felt uncomfortable with the doctor's intimate demeanor. She refused to disrobe on a subsequent visit.

Disrobing for a thyroid exam is not necessary. Carolyn listened to that sixth sense that women possess when situations are not what they should be. She stood up to this medical icon. Although she may not know it, but Carolyn may have changed the way this endocrinologist treats women in the future. She did not misinterpret those signals.

My friend was accused of being sexually inappropriate during a seemingly-simple back examination for a work-related injury. I won't delve into the complex accusations of this case, but the judge (not a jury trial) felt that my friend did cross over the line, and used his professional status to intimidate a patient for his own sexual needs.

My friend felt that he was just being thorough, and that he was set up in some elaborate malpractice insurance scheme for money? The real answers may never be known. In my heart, I felt he was innocent, but I also know that he made some terrible mistakes in judgment. It was his word against the patient, since he performed an intimate exam without a nurse being present to chaperone.

He was sentenced to 7 years in prison. The patient (and her husband) was subsequently awarded hundreds of thousands of dollars in the civil suit.

He has since completed his prison time and now works as a janitor at a bank. While in prison, he developed prostate cancer. He has gone on with his life, but a very different life than he imagined...a life that changed during one twenty-minute appointment. He will never don that white coat again.

A PA friend, now an attorney, explained it to me this way: You are alone in an elevator with a woman. Just before the elevator door opens to a crowded lobby, she rips open her blouse, smears her make-up, and dishevels her hair. The door opens and she is screaming, pointing an accusatory finger at you. Assuming that there is not a surveillance camera in the elevator, you are going to have a difficult time defending an attempted rape charge.

Could this same scenario happen in an examination room? You bet.

Patients have certainly been victimized by their doctors, and I suspect there have been many doctors who have been victimized by their patients. The problem with human medicine is that both parties are human. Some are good; some are bad.

I used to appropriately hug my adult patients without thinking, like the ones that just received some bad medical news. Hugs can heal as well as drugs. The last adult person that I hugged in an examination room was a crying man with his two-year old daughter. His wife, the child's mother, was just killed a few days before. She was struck in a crosswalk by a guy driving too fast while talking on a cell phone.

Working in pediatrics, I receive and give a lot of kid hugs. The pediatric examination room is a safe venue since children are always accompanied by parents, grandparents, and siblings. The only real risk of kid hugs that I experience is the infectious disease transmission. I truly love my job and I can't imagine what it would be like to be falsely accused of sexual impropriety, or to lose my license to practice medicine.

I don't know if my friend was guilty or not. He is my friend, so I will just hug him anyway.

Related Topics: WebMD Video: Healing the Doctor-Patient Relationship, Malpractice Suits: Frivolous or Real?

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Posted by: Rod Moser_PA_PhD at 5:53 AM

7 Comments:

Anonymous Anonymous said...

I went to a chiropractor after an injury to my back and my first visit there was a secretary, a nurse, and the doctor in the office. The nurse was in the exam room with the doctor. The second time I went the secretary and doctor was there. The doctor treated me, but I felt uncomfortable. The third time only the doctor was in the office and me. I thought it was weird when I got there. I asked him if the secretary or nurse was there and he said, "No." I refused to let him treat me and I left. When I got home I called my Aunt who is a nurse and told her what happened. She suggested I not go back because of that and I called him and told him I would not be returning to his office and that I wanted my medical records. He argued with me and after two months of fighting to get my records I went to a new chiropractor who always had a nurse in the room with him.

9/09/2006 1:00 PM  
Blogger Rod Moser_PA_PhD said...

ANYTIME that you feel uncomfortable when someone is treating or examining you, you can ask for a nurse to be present...or, find another provider that honor that request. While it is not uncommon for a chiropractor to examine or treat someone without an attendent and this be perfectly innocent, the important issue here is that YOU felt uncomfortable. You trusted your own instincts -- instincts that are there to protect you.

9/10/2006 9:41 AM  
Blogger Judy said...

My OB/Gyn, who recently retired, once began examining me before the nurse got in the room. I've known him for nearly 30 years and he has never been inappropriate -nor was he that time.

His nurse was clearly upset that he would put himself at risk, even with a long-term patient. She was right to be concerned for him - not because I would have accused him of impropriety, but because someone else might have.

He told me that he once had to testify as an expert witness in a case where a camera WAS in the room. An obstetrician was accused of inappropriate touching following the birth of a baby. The family had videotaped the whole thing. He felt that the family had misconstrued what they saw on the video -- which he said was a textbook pospartum exam. False accusations definitely occur. Defending against them is seldom so simple.

9/10/2006 8:32 PM  
Anonymous Anonymous said...

I had seen a therapist twice a week for over a year. He never physically touched me, but what he did to me mentally was probably worse. The other people who commented about their abuse by their doctors moved on to other doctors. I need to continue therapy, but I couldn't trust someone again.

9/22/2006 3:30 AM  
Anonymous Anonymous said...

I had a surgery and woke up from anesthesia and hear a nurse talking about my "private parts" letting everyone get a look. THAT is the stuff that goes on behind closed doors. And yes it still affects me today. Total unprofessional sexual misconduct. IT HAPPENS DAILY!

5/04/2007 1:46 AM  
Blogger R said...

My girlfriend is intimately involved with a chiropractor. It is the second time that she got intimately involved with a chiropractor. I do believe that some Dr. using their skills and knowledge gained from their patience to seduce them. Is physical therapy becoming an art form of dating? Is it proper for a physician to get intimately involved with its patience?
R

3/05/2008 12:57 PM  
Anonymous Anonymous said...

When I was 14 I went to a chiropracter for a sports physical for school to join the debate team. I had been to a physical before with another Dr and had no problems he was awesome and the physical was very basic. This sports physical was not, the DR made me put on a robe he felt my breasts and he also cupped my groin over the gown. he held his hand there for a few minutes while I stood petrified. I have tried to find reasons why he would do this but have found none and cannot forget it. It has been 8 years and I constantly worry that he is taking advantage of another shy scaredlittle girl. What should I do?

10/07/2008 3:11 PM  

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