Most medical examinations are performed professionally and appropriately. Patients routinely trust doctors with intimate information, physical examinations, and procedures involving highly sensitive parts of the body.
Unfortunately, not every physician honors that trust.
Many survivors of physician sexual abuse do not immediately recognize what happened. Some leave an appointment feeling uncomfortable but struggle to explain why. Others assume a doctor’s conduct must have been medically necessary because the doctor wore a white coat, used medical terminology, or performed the conduct during an examination.
In some cases, survivors spend months or years questioning themselves before realizing that the doctor’s conduct may have been inappropriate, unethical, or even criminal.
If you are wondering whether a medical examination crossed the line, you are not alone.
Why Physician Sexual Abuse Can Be Difficult to Recognize
Sexual abuse by a physician often looks very different from what people imagine when they hear the words “sexual assault.”
Patients generally expect doctors to touch their bodies. Depending on the reason for the appointment, a physician may legitimately need to examine a patient’s breasts, genitals, rectum, or other intimate areas.
That reality creates opportunities for abuse.
Doctors occupy positions of authority and trust. Most patients do not have medical training and may not know whether a particular examination is medically necessary. Patients may assume that if a physician is doing something during an examination, there must be a medical reason for it.
Physician sexual abuse often exploits that imbalance.
Many of Hadden’s patients later reported that they initially believed his conduct was medically appropriate because he was a doctor performing what appeared to be a routine examination. Similar themes appear in physician sexual abuse cases throughout the country.
Not Every Intimate Examination Is Improper
It is important to recognize that some examinations legitimately involve intimate touching.
Depending on the patient’s symptoms and medical history, physicians may need to perform:
- Breast examinations;
- Pelvic examinations;
- Genital examinations;
- Rectal examinations;
- Urological examinations; or
- Other sensitive procedures.
The fact that a physician touched an intimate part of the body does not automatically mean misconduct occurred.
The more important questions are:
- Was the examination medically necessary?
- Was the purpose of the examination explained?
- Was the examination reasonably related to the patient’s condition or symptoms?
- Was the examination performed in a professional manner?
- Were appropriate safeguards used?
A patient can undergo a legitimate intimate examination without experiencing misconduct. Conversely, a physician can commit sexual abuse while pretending to perform a legitimate medical examination.
Common Warning Signs That a Medical Examination May Have Been Inappropriate
Although every situation is different, certain patterns appear repeatedly in physician sexual abuse cases.
The Examination Did Not Seem Related to the Reason for the Visit
One common concern arises when a physician performs an intimate examination that appears unrelated to the patient’s symptoms or reason for seeking care.
For example, a patient may seek treatment for a respiratory condition, headache, or orthopedic injury and find themselves subjected to an intimate examination that was never explained.
The fact that an examination feels unrelated does not necessarily mean misconduct occurred. However, unexplained intimate examinations can raise important questions.
The Doctor Did Not Explain What Was Happening
Patients generally have the right to understand the nature and purpose of a medical examination.
A physician should be able to explain why a particular examination is being performed and how it relates to the patient’s care.
When a doctor provides no explanation, refuses to answer questions, or becomes defensive when asked to explain a procedure, patients may reasonably feel concerned.
The Doctor Made Sexual or Inappropriate Comments
Professional medical care should remain professional.
Comments about a patient’s appearance, sexual attractiveness, body, or sexual activity may be inappropriate depending on the circumstances. Flirtatious remarks, sexual jokes, or comments unrelated to medical care can also be warning signs.
The Doctor Requested Unnecessary Nudity
Patients are often required to remove clothing for examinations. However, physicians should generally request only the degree of undressing reasonably necessary for the examination or procedure being performed.
Requests that appear excessive or unrelated to the medical purpose of the visit may raise concerns.
The Doctor Ignored Expressions of Discomfort
Patients have the right to ask questions and communicate concerns during an examination.
When a patient expresses discomfort and the physician disregards those concerns, the situation deserves careful attention.
What Is a Chaperone?
A medical chaperone is typically a nurse, medical assistant, or other trained healthcare professional who remains present during certain sensitive examinations.
The purpose of a chaperone is primarily to protect and support the patient. Chaperones can also help ensure that examinations are conducted appropriately and professionally.
Policies regarding chaperones vary among healthcare providers and institutions.
Many healthcare organizations encourage or require chaperones for certain breast, pelvic, genital, or rectal examinations. Some organizations also allow patients to request a chaperone even when one would not otherwise be present.
The absence of a chaperone does not automatically mean misconduct occurred. Likewise, the presence of a chaperone does not automatically mean misconduct could not occur.
However, patients should know that they can often request a chaperone if they feel more comfortable having another person present.
Consent to an Examination Is Not Consent to Sexual Abuse
One of the most common misconceptions in physician sexual abuse cases involves consent.
A patient may agree to a medical examination because they believe it is medically necessary.
That does not mean the patient has consented to sexual conduct.
If a physician uses an examination for personal sexual gratification, performs procedures that serve no legitimate medical purpose, or deceives a patient about the need for intimate touching, the patient’s agreement to the examination does not automatically excuse the conduct.
New York law recognizes the importance of informed consent in medical care, including for sensitive examinations.
Patients are entitled to understand what is being done and why.
When Does Conduct Become Misconduct or Sexual Assault?
There is no single rule that answers every situation.
However, a physician may cross professional and legal boundaries when:
- The conduct serves no legitimate medical purpose;
- Intimate touching is unrelated to diagnosis or treatment;
- The physician exploits the patient’s trust or lack of medical knowledge;
- The physician uses the examination for personal sexual gratification;
- The physician performs procedures without appropriate explanation; or
- The physician engages in sexual conduct under the guise of medical care.
Importantly, patients do not need to know the precise legal definition of misconduct or assault before seeking help.
Many survivors are uncertain. That uncertainty is common.
What If You Are Not Sure Whether What Happened Was Wrong?
Many survivors initially question themselves rather than the physician.
They wonder whether they misunderstood the examination. They worry that they are overreacting. They tell themselves that a doctor would not do something inappropriate.
These reactions are common.
If something about an examination felt wrong, it may be worth exploring those concerns further.
You might consider:
- Requesting your medical records;
- Seeking a second medical opinion;
- Speaking with another healthcare provider;
- Talking with a trusted friend or family member; or
- Consulting an attorney familiar with physician sexual abuse cases.
You do not need to be certain before asking questions.
Reporting Concerns About a Doctor in New York
Patients who believe a physician engaged in misconduct may have several options.
The New York Office of Professional Medical Conduct (OPMC) investigates complaints involving licensed physicians, including complaints involving sexual misconduct, harassment, and assault. The New York Department of Health specifically advises that patients have the right to file a complaint if they believe a physician engaged in professional misconduct.
Information about filing a complaint can be found through the New York Department of Health:
https://www.health.ny.gov/professionals/doctors/conduct/file_a_complaint.htm
Depending on the circumstances, survivors may also choose to:
- Report the conduct to law enforcement;
- Report the conduct to a hospital or medical practice;
- Report the conduct to a professional licensing authority; or
- Consult a lawyer regarding potential civil claims.
Final Thoughts
Many survivors of physician sexual abuse leave appointments feeling confused rather than certain. That confusion does not mean nothing happened.
Doctors occupy positions of extraordinary trust. When a physician uses that trust to engage in inappropriate conduct, the resulting harm can be profound.
The fact that conduct occurred during a medical appointment does not automatically make it medically necessary. If something felt wrong, it is worth asking questions.
Patients have the right to understand why an examination was performed, whether it was medically necessary, and whether a physician crossed professional or legal boundaries.