If a doctor has done an inappropriate exam om me, what is my legal recourse against him?

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If a doctor has done an inappropriate exam om me, what is my legal recourse against him?

Doctor did and inappropriate exam on me.  I have contacted the appropriate people – the police, the clinic’s management, and human resources. Should I get a medical malpractice lawyer? I’m in Waukesha, WI.

Asked on January 31, 2011 under Malpractice Law, Wisconsin

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

If you have not been injured in some quantifiable *medical* fashion--e.g. suffered a misdiagnosis that caused you to not receive the right medical care--this is not a malpractice case. You may be able to sue for assault (inappropriate touching and sexual assault are forms of assault) and/or for emotional distress, but the proper attorney would be a personal injury lawyer, one with--I assume, though you don't write exactly what happened--sexual assault litigation experience. You are also taking the correct steps vis-a-vis potential criminal liability (contacting the police). You may also wish to contact the state agency or department which licenses doctors to report this violation of medicall ethics and appropriate behavior.


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