Can a patient sue a doctor and hospital for a sexual assault? Depending on the facts and the credibility of the patient and other evidence, it may be possible to file a sex assault lawsuit against a doctor.
In addition to any potential criminal charges against a doctor, victims may also have civil remedies to pursue compensation. A careful legal analysis is necessary to make that determination.
Dr. Mark Walker, a gynecologist, of Marshall, Michigan was recently arraigned on criminal sexual assault charges in the Calhoun County District Court. Charges included three counts of first-degree sexual conduct, one count of second-degree sexual conduct, and indecent exposure.
The charges relate to allegations made by former patients that they were assaulted between 2002 and 2014. He was a doctor employed at Mansion Street Women’s Health at Oaklawn Hospital in Marshall.
Dr. Walker pled not guilty to the charges.
A preliminary examination is scheduled for August 15, 2022 at 1:30 p.m. At this hearing, the patient who made the sex assault allegations may testify regarding the incidents. Dr. Walker has the option of waiving the exam hearing and will be then held over for trial.
The criminal sex assault charges stem from complaints made by three former unidentified patients against Dr. Walker to the City of Marshall Police Department. These allegations of a sexual assault were investigated by the police department and a warrant was issued by the Calhoun County Prosecutor’s Office against the doctor. These charges and proceedings are not a finding of guilt and Dr. Walker is deemed innocent until proven guilty.
The police investigation and the testimony of the complaining witness provided the basis for the charges, but Dr. Walker’s attorney will have the opportunity defend the physician and potentially attack the credibility of the witness. The presiding judge will then determine if there is enough evidence to bind the gynecologist over for trial.
If the case proceeds to trial, Dr. Walker is not required to prove his innocence and the prosecution must prove guilt beyond a reasonable doubt, a very high legal standard.
Dr. Walker is currently awaiting trial on another criminal matter.
A young woman claimed she was sexually assaulted by Dr. Walker when she was sixteen years old. He pled not guilty to the charges. That matter was previously set for trial but the date was adjourned do to Covid protocol. Under the law, he is presumed innocent until proven guilty in that case as well.
In addition to the criminal charges, victims of sexual assaults by doctors may have the right to sue the doctor and the clinic or hospital that employed the physician. These are civil lawsuits seeking money compensation for the physical suffering and mental anguish arising from the alleged assaults. These cases are unrelated to the criminal charges and seek monetary compensation.
In order to win a civil lawsuit, the evidence must show by a preponderance of the evidence that a sexual assault occurred by the doctor. The credibility of the patients is the key to proving a case. For claims against a hospital or clinic, it must be proven the clinic knew or should have known of his sexually assaultive propensities. The clinic may deny knowledge and litigation would be necessary.
Our Michigan doctor sex assault lawyers have significant experience in these types of lawsuits. We have represented former patients of Dr. Larry Nassar at MSU, Dr. Robert Anderson of the University of Michigan, and Dr. Robert Strauss of Ohio State University. We have also won settlements against other doctors in both private practice and physicians employed by hospitals and clinics.
If you or someone you care about was sexually assaulted by a doctor, you should contact our Michigan sex assault lawyers today.
The time deadline to file a lawsuit was extended by a special statute so victims have much longer to file their claims.
We charge no legal fees unless you win a settlement and it costs no money to start your case. To find out if you can pursue a case, call us today.