Fassonaki Law Firm, P.C., led by attorney Alan Fassonaki, successfully secured a $110,000 settlement for a client who was subjected to sexual harassment and medical misconduct during a disability-related medical examination in California.

Facts of the Case

Our client visited a medical facility in California for a required examination related to disability benefits. During the appointment, the physician conducted the examination without a female chaperone present. Despite being informed that our client had recently undergone surgery and was under strict instructions not to bear weight, the physician forced her to stand, causing immediate physical pain. Under the guise of a medical exam, the physician engaged in inappropriate and invasive physical contact without medical necessity or consent. 

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Legal Strategy

Our legal team pursued our client's position that the physician violated California's medical standards under California Code of Civil Procedure § 340.5 and Civil Code § 3333.2 by causing unnecessary physical harm during the examination. We pursued a claim of  sexual battery under California Civil Code § 1708.5, based on intentional and inappropriate contact without consent.

Settlement Terms

Fassonaki Law Firm successfully negotiated a $110,000 settlement, compensating the client for emotional distress, physical pain, and the lasting impact of the misconduct.

Results That Matter

This case highlights our firm's commitment to holding medical providers and institutions accountable for abuse of trust and professional misconduct. If you or a loved one has experienced medical abuse or sexual misconduct, our firm is prepared to protect your rights and pursue justice.

Frequently Asked Questions

What is considered sexual battery during a medical examination in California? Sexual battery occurs when a physician or medical provider intentionally touches a patient's intimate parts without consent or medical necessity. Under California Civil Code § 1708.5, this can include inappropriate contact disguised as a legitimate exam.

Can I sue a doctor for sexual misconduct during a disability or medical evaluation? Yes. Patients have the right to file claims for sexual battery, medical negligence, and related damages when a physician engages in non-consensual or unnecessary physical contact during an examination.

Is a doctor required to have a chaperone present during sensitive exams? While not always legally mandated in every situation, best practices and many facility policies require a same-gender chaperone, especially for intimate examinations. The absence of a chaperone can strengthen a claim of misconduct when inappropriate contact occurs.

What damages can I recover in a medical sexual misconduct case? Victims may seek compensation for physical pain, emotional distress, psychological trauma, medical expenses related to the incident, and the lasting impact on their well-being and trust in healthcare providers.

How long do I have to file a claim for sexual battery or medical misconduct in California? Claims involving sexual battery or medical negligence are subject to strict statutes of limitations. In many cases, the deadline is two or three years depending on the specific causes of action. Consulting an attorney promptly is critical to preserve your rights.

What should I do if I experienced inappropriate contact during a medical exam? Seek immediate medical or psychological support if needed, document everything you remember, avoid discussing the incident with the provider or their insurance, and contact an experienced attorney as soon as possible to evaluate your legal options.

Can a disability-related medical exam still result in a valid sexual battery claim? Yes. Even during required examinations for disability benefits, physicians must obtain proper consent, avoid unnecessary force or contact, and respect the patient's physical limitations and dignity. Violations can form the basis of strong legal claims.

Why is it important to hire a lawyer experienced in medical misconduct cases? These cases often involve complex medical standards, institutional defenses, and sensitive evidence. An experienced attorney can investigate the incident, identify all liable parties, and pursue full compensation while protecting your privacy and rights.

Call us at 323-524-8994 for a free consultation.