Sexual Assault and Malpractice in New Jersey

Over twenty years ago, the New Jersey Supreme Court issued an important decision, which remains relevant to the #MeToo movement, addressing whether a gynecologist that sexually assaulted his patients was covered by medical malpractice insurance. The Appellate Division held that the doctor’s insurance policy was sufficiently broad enough to cover sexual misconduct that occurred during a medical examination. However, the New Jersey Supreme Court disagreed, determining that the insurance company was not liable, due to a clause in the policy that excluded criminal conduct.

Numerous patients of the gynecologist had come forward, accusing him of sexually assaulting them during routine gynecological exams. One of these patients was a minor at the time, who asserted that she was assaulted during her first visit. The four other patients who stepped forward were long-term patients of the doctor.

Sexual Assault Involving Minors

The minor, a seventeen-year-old female, testified that she made an appointment to see her gynecologist when she was having menstrual cramps every month, but had not yet gotten her period for the first time. She testified that when she first entered the examination room, he did not leave right after asking her to undress.

When she was being examined in the stirrups, she felt that he was touching her inappropriately. When she resisted, the gynecologist repeatedly told her not to worry about it. He continued touching her in a way that made her feel uncomfortable for about 10 minutes, asking her during the exam whether she was sexually active, and when she said no, asking her why not. He also examined her breasts in a way that made her feel uncomfortable.

The patient never returned to see the doctor, because he made her feel uncomfortable. She testified that even though she continued to experience the same problems, she was unable to see any other gynecologists, because he had made her suffer emotional distress as a result. She filed an administrative complaint with the State Attorney General’s Office on behalf of the Board of Medical Examiners. The doctor’s license was subsequently revoked.

Determining Liability

The Appellate Division reasoned that the complainants all alleged that these acts occurred while they were being examined to receive a diagnosis, and treatment of a medical problem. As such, the court concluded that the assaults were a medical incident, and as such covered under the express language of the insurance policy.

Subsequently, the minor victim was awarded $50,000 in compensatory damages for her claim, and $50,000 in punitive damages in a separate lawsuit.

Following the decision in that lawsuit, the malpractice insurance company issued a legal decision that it had no duty to satisfy the judgment or defend the doctor. The insurer then asked the Court to validate its decision, but the Appellate Court ultimately disagreed, and ordered that it pay full punitive damages to the victim, as well as partial compensatory damages.

The case was appealed to the New Jersey Supreme Court. The Supreme Court considered whether the doctor’s medical malpractice insurance provider would be shielded from liability, on grounds that the physician engaged in criminal conduct. Ultimately, the New Jersey Supreme Court determined that the insurer was not liable, due to a clause in the policy that excluded criminal acts.

New Jersey Medical Malpractice Lawyers at Eichen Crutchlow Zaslow, LLP Fight for Patients Who Have Been Sexually Assaulted by Their Doctors

You have a right to be treated with dignity and respect during a medical examination. If you have been a victim of inappropriate actions on the part of a doctor or other medical professional, you need understanding, and competent legal representation. To schedule a free and confidential consultation with the experienced New Jersey medical malpractice lawyers at Eichen Crutchlow Zaslow, LLP, call us today at 732-777-0100 or contact us online. With offices located in Edison, Red Bank, and Toms River, New Jersey, we advocate for victims of medical malpractice throughout the state.