Sexual Abuse in Medical Facilities
Holding Healthcare Institutions Accountable
Sexual abuse and sexual assault in Los Angeles’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 Vinny Agemian, 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. Vinny 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 Agemian Law Group of Vinny Agemian, Vinny 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 Los Angeles, dedicated to fighting for survivors’ rights. Vinny 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.
Vinny Agemian 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 Los Angeles. 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 Vinny Agemian 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 Vinny today—your fight for justice starts here.
Los Angeles Laws Related to Sexual Abuse in Medical Facilities
Los Angeles 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 Los Angeles 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 Los Angeles’s Gender Motivated Violence Act (GMVA). This law specifically applies to incidents that occur within the five boroughs of Los Angeles, providing an avenue to seek justice for gender-based violence committed within the city’s jurisdiction. Survivors may also file claims under Los Angeles’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.
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$1,700,000
Construction Accident
Awarded in a Construction Accident Case.
$1,100,000
Sexual Abuse
Verdict Awarded to a Victim of Sexual Abuse
$900,000
Train Accident
Settlement in a Train Derailment Case
$1,375,000
Wrongful Conviction
Awarded to a Victim of Wrongful Conviction
$1,800,000
Bus Accident
Verdict Awarded to a Victim of a Bus Accident.
$1,000,000
Assault Victim
Awarded to a Victim of Municipal Assault
$2,700,000
Construction Accident
Awarded in a Construction Accident Case
Mandatory Reporting Requirements
Los Angeles 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.
Institutiona
l 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.
Protections for Vulnerable Patients
Patients with cognitive impairments, minors, and those who are incapacitated are particularly vulnerable to abuse in medical settings. Los Angeles 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 Los Angeles?
In Los Angeles, 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 Los Angeles, 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 Vinny .
Confidentiality and Privacy Rights
Under Los Angeles 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 Los Angeles 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 Los Angeles, 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 Los Angeles, 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 Vinny Agemian 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.
Can a Hospital be Held Liable for Sexual Abuse by a Doctor or Staff?
Hospitals may be held vicariously liable for the actions of their employees under the legal doctrine of respondeat superior, which holds employers accountable for wrongful acts committed by their employees in the course of their employment.
For a hospital to be held vicariously liable for sexual abuse, the plaintiff must prove that the abusive conduct was within the scope of the perpetrator’s employment duties, which can be challenging in sexual abuse cases. Generally, hospitals argue that sexual abuse is a personal act that falls outside the scope of employment, but there are cases where hospitals have been found liable if the abuse occurred during a medical examination or treatment.
Hospitals can also be held liable for negligence if they fail to properly vet, supervise, or take action against staff members who committed sexual abuse. Negligent hiring or retention occurs when a hospital employs or continues to employ a staff member despite knowing or having reason to know that the person poses a risk to patients.
Negligent supervision occurs when a hospital fails to properly oversee its staff, allowing sexual abuse to occur. For example, if a hospital ignored previous complaints about inappropriate behavior by a staff member or failed to perform adequate background checks that would have revealed a history of misconduct, it could be held liable for negligence.
Hospitals have a duty to implement protocols and safeguards to protect patients from abuse. If a hospital fails to establish or enforce policies designed to prevent sexual abuse—such as requiring chaperones during intimate medical examinations or promptly investigating allegations of misconduct—it can be held liable for the resulting harm. A hospital’s failure to create a safe environment, especially in high-risk departments such as psychiatric or gynecological units, can lead to a finding of institutional negligence.
In some cases, hospitals can be held liable for violating state or federal laws designed to protect patients from abuse. For instance, under Los Angeles Public Health Law Section 2801-d, patients who are harmed due to inadequate care or supervision in hospitals or nursing homes can file civil actions against these institutions. Hospitals may also face liability for failing to comply with mandatory reporting requirements if they do not report allegations of abuse to the proper authorities.
