What are my rights if I went in for a pelvic exam and was supposed to have a female nurse in the room but she wasn’t and I was totally scared and humiliated?

I am very angry. What can I do?

Asked on March 25, 2015 under Malpractice Law, Minnesota


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

You can complain to the doctor's superiors (if he's not the boss of his own practice) and/or to the state medical licensing board about the behavior. What you cannot due is sue:

1) You could have walked away from the exam and refused it, but did not--therefore, your own action is a proximate (or direct) cause of the incident;

2) The law does not, except in very special cases which do not seem to apply here, allow for the recovery of compensation for being scared and humiliated, so since you do not appear to have suffered physical injury or large costs due to this, you would not be able to recover compensation.

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