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Judge Allows Sex-Based Medical Malpractice Case To Progress

On Behalf of | Sep 5, 2023 | Firm News

Medical malpractice cases are never run-of-the-mill. They impact the lives of everyday Americans in severe and long-lasting ways, and what makes them particularly galling is the fact that the perpetrators are the very medical professionals we all hold up to such high esteem and trust.

One such horrific case that has been in the news recently involves 37 patients who claim they were sexually assaulted during medical examinations.

A judge has decided to allow the case to proceed, and it is yet another example of why we should all keep our guards up, even around our doctors.

The allegations

In this combined case, the 37 plaintiffs allege that during medical examinations, the doctor touched each of them inappropriately. The doctor also faces criminal charges as a result of these allegations as well.

The ruling

The recent ruling involved the question of whether the claims were barred by the statute of limitations.

The defense argued that the statute of limitations for medical malpractice(two years) should apply. Lawyers for the plaintiffs argued that the statute of limitations for childhood sex abuse (20 years) should apply.

In this case, the judge found that since what the doctor was alleged to have done was not medical services, the medical malpractice statute of limitations did not apply. In essence, since what he allegedly did was not medically related, the doctor could not benefit from the medically related statute of limitations.


The takeaway from this litigation is that, if you have experienced medical malpractice, or anything inappropriate during medical examinations or procedures you have options. Even if you think your options have expired, you may find that the law is still on your side.