Did you know that sexual assault by a doctor can sometimes be classified as fraud? When most people hear the word “fraud,” they think of financial scams or someone stealing money through deception. But fraud is a legal concept that involves intentionally misleading another person, generally to obtain something through their reliance on that deception.
Sexual assault by a doctor may involve fraud when a physician deliberately misrepresents medical care to obtain a patient's consent to inappropriate physical contact. However, whether that deception supports a separate fraud claim depends on the circumstances and applicable state laws.
Understanding when this conduct may qualify as fraud can help you determine whether you have grounds for legal action.
Not every case of sexual assault by a physician involves fraud. However, when a doctor deliberately deceives you to obtain consent for inappropriate physical contact, that deception may support an additional legal claim.
Here are some signs that your doctor may have used deception to obtain your consent:
These circumstances don't automatically establish legal fraud. However, they may provide evidence that your doctor knowingly used deception to obtain consent that you wouldn't otherwise have given.
When sexual assault involves intentional deception, you may have grounds to pursue a civil fraud claim in addition to other claims related to the abuse.
Generally, civil fraud requires evidence that someone knowingly made a false statement about an important fact, intended another person to rely on it, and caused legally recognized harm through that reliance. The exact requirements vary by state.
A successful civil lawsuit may allow you to recover compensation for qualifying damages. However, a fraud claim isn't necessary to establish that sexual assault occurred, and deceptive conduct doesn't automatically satisfy every legal requirement for fraud.
Discovering that a doctor may have intentionally deceived you during an examination raises difficult questions about what happened and whether you have grounds for legal action.
If you suspect that your physician used fraudulent conduct to facilitate sexual assault, these steps can help you document your experience and understand your options.
Your recollection of the appointment provides an account of what the doctor said and how the examination unfolded.
Begin by recording the date of your visit and the reason you sought treatment. Then describe the physician's explanation for the examination, including any statements that influenced your decision to consent.
For example, if your doctor claimed that a particular procedure was medically necessary, record their explanation as accurately as you remember it.
Include what happened during the examination and why you believe the doctor's explanation was misleading.
Your medical records may contain information that supports or contradicts the physician's explanation for the examination.
You generally have the right to request copies of your records from a healthcare provider covered by HIPAA, subject to certain exceptions.
Pay particular notice to the physician's documented reason for performing the examination. If the records describe a medical condition that the doctor never discussed with you, preserve that discrepancy for further review.
However, medical records alone won't necessarily establish whether fraud occurred. An attorney may need to compare the documentation with your account and other available evidence.
Written communications may provide evidence of what your doctor told you before or after the appointment.
For example, a message from your physician explaining why an intimate examination was necessary may become relevant if that explanation was intentionally false.
Preserve the original messages whenever possible rather than relying exclusively on your recollection of their contents. If you communicated through an online patient portal, retain copies of those exchanges while you still have access to your account.
Another healthcare professional may provide insight into whether the examination you received had a legitimate medical purpose.
For example, an independent physician may review your medical history and determine whether the procedure was appropriate for the condition your original doctor claimed to be treating.
However, an unnecessary examination doesn't automatically prove intentional fraud. A separate evaluation may identify questionable medical decisions without establishing the original physician's intentions.
State medical boards investigate allegations of professional misconduct involving licensed physicians.
If you believe your doctor deliberately misrepresented medical treatment to facilitate sexual contact, you can submit a complaint describing the conduct.
The board may investigate whether the physician violated professional standards or licensing requirements. Depending on its findings, disciplinary action may include suspension or revocation of the physician's license.
However, medical board investigations differ from civil lawsuits. A disciplinary finding doesn't automatically provide financial compensation, and an attorney can explain how a complaint may interact with potential litigation.
If you believe your doctor sexually assaulted you, you can report the incident to law enforcement. You don't need to prove that the doctor committed fraud before filing a police report.
During the investigation, officers may ask you to explain what happened during the examination. If the doctor misled you about the purpose of the physical contact, explain what they told you and why you agreed to the procedure.
Investigators can use your account and other available evidence to examine whether a crime occurred. Prosecutors then decide whether the evidence supports criminal charges.
Even if prosecutors don't file charges, you may still have grounds to pursue a civil lawsuit against the physician.
An attorney experienced in physician sexual abuse cases can evaluate whether the conduct supports a fraud claim under your state's laws.
During a consultation, you can explain what the doctor told you and how those statements influenced your decision to undergo the examination.
The attorney may examine whether the physician knowingly misrepresented medical information and whether you suffered legally compensable harm as a result.
They can evaluate other potential civil claims arising from the same conduct, including sexual battery where applicable.
Because filing deadlines vary by jurisdiction and type of claim, seeking legal advice promptly can help you understand the time available to pursue compensation.
Sexual assault by a doctor can be considered fraud when a physician intentionally deceives a patient about medical care to obtain consent for inappropriate sexual contact, provided the circumstances satisfy applicable legal requirements. If you're unsure whether your experience involved fraudulent conduct, an attorney can evaluate whether the deception supports a legal claim.
Tamara N. Holder is a Chicago-based attorney who specializes in doctor sexual assault on patient cases. If you've experienced inappropriate conduct during a medical appointment and want to understand your legal options, reach out to Holder and her team today. They can review your experience, explain your rights, and discuss possible legal action against those responsible.
