Going to the dentist often involves finding yourself in vulnerable positions. Patients are often in uncomfortable positions with tools or devices in their mouths, making it difficult to see or move. For major procedures, some dentists use anesthesia to put the patient in a twilight state or knock them out completely. Unfortunately, this is an ideal situation for abuse. If you are a victim of sexual abuse by dentists, or other medical professionals let the skilled sexual abuse attorneys of Phillips Law Group help you get answers.
A civil lawsuit may be brought against a dentist for sexual abuse when their conduct crosses the boundaries of professional care and violates a patient’s trust. This type of misconduct can take many forms. While some behavior may rise to the level of criminal sexual assault, civil claims can also be based on inappropriate actions that do not result in criminal charges but still infringe on a patient’s autonomy, dignity, and right to safe medical treatment.
Examples of misconduct may include unnecessary or prolonged physical contact, particularly involving sensitive areas unrelated to dental care. Other forms of abuse may involve taking unauthorized photographs, asking sexually suggestive or inappropriate questions unrelated to treatment, or making unwanted advances or propositions. Even in the absence of physical assault, the emotional harm, humiliation, and breach of trust caused by such behavior may support a civil claim.
Survivors have the right to hold the dentist personally accountable. In certain cases, a dental clinic, practice, or supervising entity may also be liable for failing to properly screen, supervise, or respond to reports of misconduct. An experienced attorney can help identify all potentially responsible parties and pursue appropriate legal action following dentist sexual abuse.
A survivor has the right to file a civil lawsuit for sexual abuse even if no criminal charges have been filed. Civil and criminal cases operate independently, and they have very different legal standards. In a criminal case, the prosecution must prove guilt “beyond a reasonable doubt,” which is a much higher bar compared to a civil suit.
In contrast, civil cases rely on a lower burden of proof: a “preponderance of the evidence.” This means the survivor only needs to show that it is more likely than not that the abuse occurred. Because of this difference, many survivors are able to succeed in civil court even when the criminal justice system fails to act.
Civil lawsuits provide a pathway for survivors to seek financial compensation, hold abusers accountable, and pursue justice on their own terms, regardless of the status of a criminal case.
In civil sexual abuse cases, survivors may be entitled to compensation for the harm they suffered. While the dentist who committed the abuse is often the primary defendant, other parties, like the dental office or corporate practice, might also be liable. Any facility or organization that negligently failed to conduct a background check on a dentist before hiring them could be liable for damages. Some of the types of damages available in these cases include the following:
Every case is unique, and the compensation available will depend on the specific facts. Thankfully, an experienced attorney can answer a victim’s questions about damages following sexual abuse by a dentist.
No one should have to deal with the trauma of being abused by a medical professional. If you are the victim of sexual abuse by a dentist, reach out to Phillips Law Group today for a confidential consultation.
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