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  1. #1
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    Feb 2019
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    Default Inappropriate Touching of a Patient

    My question involves malpractice in the state of: AZ

    Hello, I was seeing this doctor for an acute medical condition which involved injections, which he administered personally. Before or after administering the injection he would grab/ touch me and act like nothing happened. When I brought it up with him , he denied that he touched me and needless to say I moved on to another doctor who does not touch me inappropriately. I complained about my previous doctor to the medical boards and the Board got back to me saying that they cant investigate my allegations and that the case was closed. This happened few months back.

    As would luck would have it I did not get better and it sounds like I might have a malpractice case which I am discussing with an attorney.

    The question is do I need to inform this attorney regarding my complaints to the Boards about this inappropriate touching. I don't want this to be included in anyway shape or form with the malpractice claim. However I feel if the attorney learns about it, he might not like it that I hid something from him.

    Not sure how to proceed. thanks

  2. #2
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    Oct 2016
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    Default Re: Inappropriate Touching of a Patient

    You need to tell your lawyer everything. The last thing you want is for him to be confronted by something he isn't expecting.

  3. #3
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    Default Re: Inappropriate Touching of a Patient

    Thanks for your answer ! I just worry that if the case goes to deposition or trial this issue might be dissected to pieces and my credibility questioned. I understand that I have to disclose this to my attorney. Just nervous how this would play out

  4. #4
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    Default Re: Inappropriate Touching of a Patient

    And that is exactly why your lawyer needs to know about it.

  5. #5
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    Default Re: Inappropriate Touching of a Patient

    I am a little surprised that no one is saying to report this as a crime. IT's sexual assault, which is a criminal matter, not a civil one, which is not to say that there couldn't be civil liability but there is definitely criminal if the issue is inappropriate touching in a sexual way.
    "Where do those stairs go?"
    "They go up!"

  6. #6
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    Default Re: Inappropriate Touching of a Patient

    I didn't mention that because the OP didn't ask what she can do about the touching. She asked if she needs to inform her lawyer.

  7. #7
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    Default Re: Inappropriate Touching of a Patient

    Quote Quoting PayrolGuy
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    I didn't mention that because the OP didn't ask what she can do about the touching. She asked if she needs to inform her lawyer.
    But two issues are being conflated here. There's more detail about the touching than the claim. Of course, tell your attorney everything but to not tell the police and then bring it up in a suit is silly.
    "Where do those stairs go?"
    "They go up!"

  8. #8
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    Feb 2019
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    Default Re: Inappropriate Touching of a Patient

    As I had mentioned earlier I am not really comfortable bringing this up even with my attorney, but I will if we are going forward with the malpractice case. I had complained about him to the Medical Boards hoping that they would at least inform him that they have received a complaint so that he will not touch other female patients like he did to me. He put me through the wringer and I don't want to talk about it in a public forum such as this in the interest of privacy. I was trying to protect other female patients he is treating. But according to them they can not investigate this because ' there is no proof/evidence to substantiate this happening". I can understand why they would say that because this is more like ' he said/she said' scenario. But I was hoping they would contact him so that he would hesitate to do what he did to me. It's quite possible they informed him about the complaint, and I don't know about it. I am not interested in going to the police or anybody else because of the negative publicity that might be associated with something like this

    Quote Quoting Mark47n
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    But two issues are being conflated here. There's more detail about the touching than the claim. Of course, tell your attorney everything but to not tell the police and then bring it up in a suit is silly.
    If I would have it my way, I don't want to bring this up with my potential claim. I want to bury this and move forwards. I feel that the defense would some how get a wind of this issue and bring it up. So I am trying to address it up front and not take my attorney by surprise !

  9. #9
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    Default Re: Inappropriate Touching of a Patient

    Quote Quoting xyzabc
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    So I am trying to address it up front and not take my attorney by surprise !
    And you do that by telling your attorney about it and that you don't want it brought up by him in the case.

  10. #10
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    Feb 2019
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    Default Re: Inappropriate Touching of a Patient

    Quote Quoting PayrolGuy
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    And you do that by telling your attorney about it and that you don't want it brought up by him in the case.
    Is that even possible ? I have been an expert witness in my field and I know how defense attorney's like to dig through things and bring up things which everybody assumes that nobody knows about it. It might be totally unrelated to the situation but they just bring it up in front of the Judge for the shock value

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