A physician in Carlsbad faces a lawsuit after being accused of sexually assaulting a patient while she was vulnerable after surgery. The 44-year-old man was charged with three misdemeanor and six felony counts, including sexual exploitation by a physician and sexual penetration by force. He pleaded not guilty to all of the charges.
The unidentified patient has also filed suit against the doctor, North County ENT Medical Group, United Healthcare Services, Tri-Valley Medical Group and her health insurance provider for compensation for the injuries and trauma she suffered in the alleged assault. She also seeks damages for intentional infliction of emotional distress, negligence, sexual harassment by a physician, gender violence, medical malpractice, violation of the Unruh Civil Rights Act and negligent hiring, training and supervision.
A history of questionable behavior
The physician in the case is an ear, nose and throat specialist and is currently being held in sheriff’s custody on $3 million bail. He had offices in Fallbrook, Escondido and Murrieta. Investigators revealed the man had also assaulted a patient at Temecula Valley Hospital, which if true, would make him a repeat offender and ensure even stricter penalties for his alleged actions. There will likely be more lawsuits filed against the doctor, with the potential for other victims to come forward once the case gets more publicity, according to litigators.
Doctors are placed in positions of trust, and when they violate that trust, the physical and emotional consequences to the patient can be severe. Not only do physicians’ reckless actions potentially constitute medical malpractice, but they could also be criminal in nature.
If you have suffered from malpractice on the part of a negligent doctor or healthcare professional, contact a trusted San Diego attorney with Thorsnes Bartolotta McGuire right away.