Sexual Misconduct Complaints Against Doctors - Defenses
In Complaints Against a Doctor for Sexual Misconduct Cases a number of defenses can be available including False Accusation or Extortion, Clinically Appropriate Conduct (Medical Necessity), and Consent.
Extortion
In many physician misconduct complaint cases, the underlying facts are that a patient was demanding pills that you thought were therapeutically unnecessary. The patient might begin to make threats or become unreasonably demanding. At this point you must take affirmative steps to make sure the patient can’t say, "You’re not going to give me pills? I’m going to say you raped me."
Another extortion situation is where a doctor might have been interested in someone and engaged in flirtation but backed off well before committing a crime. We see cases where the person suddenly becomes a vengeful lover and starts talking to other patients or authorities about your treatment of them or inappropriate conduct.
Both cases are appropriate for a False Accusation defense.
Consent
Consent can be a complete defense under the law to a criminal charge if a patient claims a sexual relationship but this puts the doctor in a very difficult position. In those jurisdictions that prohibit a doctor from having a consensual relationship with patients you have to know that using this defense may cost your license because while your conduct may not be unlawful it might be against the code of medical ethics.
Typically well before a Criminal Trial, ethics charges are heard before a Medical Licensing Board and you will want your criminal defense lawyer in that ethics board cross examining potential witnesses against you to protect your license.
Medical Necessity
Patients do not necessarily know the boundaries of acceptable clinical protocol. Certainly women may be uncomfortable to be touched by a physician in intimate areas but if examinations are clinically appropriate and necessary for the type of complaints, the doctor can have a complete defense.
Medical Licensing Board
While False Accusation, Consent or Medical Necessity are defenses in a criminal case, there can be even greater challenges in front of a Licensing Board where the standard of proof and rules of evidence are very different.
If you are a doctor arrested for sexual misconduct or just believe you might be accused, contact an experienced physician sexual misconduct defense lawyer right away to learn your rights.
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