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

Answers:

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.


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.