Is making women bend over and spread their buttocks in front of their real doctor for a rectal exam considered sexual abuse especially medical malpractice?
Yes, it is.
This is my opinion, but it sounds like either a very lazy
physician or one who doesn't practice with much sensitivity! It
almost sounds like the detached-attitude during 'squat-spread-and
cough' exams in prisons. Even a prostate exam for a male does NOT
include bending over and spreading butt cheeks!
Typically, to examine the anus and rectum, a woman lies on her side, one buttock is lifted and a gloved finger may be inserted into the anus for a stool exam. A gyne does the rectal exam while the woman is lying on her back with feet in the stirrups. ALSO, for professional and patient safety, a NURSE should be present!
Whoever did this emotionally violated your personal boundaries. However.... the doctor may be able to successfully defend his actions to the State Medical Board. Besides being embarrassing to discuss, you'd have to put your complaint in writing AND perhaps go through more "trauma" to get any justice. PLUS, you likely will not be told IF they took action against the doctor. So it is often a dissatisfying outcome.
- Report it to the Police. Why-- You will make a record and there may be a way to bring charges that way.
- Complain to the Director of the clinic or hospital. However, don't expect that place to ever treat you again.
- Call the State Medical Board and request complaint forms. Let them investigate.
- Discuss the case with an Attorney of Law.
TO ALL PATIENTS:: If you are uncomfortable about an exam a doctor wants to do, especially if you are asked to do something that just doesn't sound correct to do---- you do NOT have to consent to it ! In fact, ANY patient can say NO to ANY part of ANY physical exam. (You may face consequences in some circumstances; for example, a doctor might refuse to see you again.)
IF you state "I do not want you to touch me" but the doctor touches you anyway, it can be a tort (a legal offense). This refusal should ONLY be used if what you are asked to do or what a medical person (doctor or nurse) is doing to your body seems totally outside of normal practices OR that it makes you extremely uncomfortable. At the point that you say "do not touch me", the exam should stop. The medical staff should try to talk with you and hear why you are refusing. A good doctor will attempt to work through the issue with you. For example: Many rape victims have trouble with exams / touch.
Medical malpractice and negligence are largely the same. Almost all instances of medical malpractice result from a medical professional doing his or her job in a negligent manner. Medical malpractice is also a form of personal injury law which is based entirely in negligence. The article below goes further into the elements of medical malpractice.
A medical malpractice suit is a lawsuit against a medical or healthcare provider who has performed some sort of professional medical negligence. You can file a medical malpractice suit if you have a situation such as this. An example of medical malpractice would be if after surgery it was discovered that a scalpel had been left inside you. Doctors have malpractice insurance to cover themselves in situations such as this.
The statute of limitations for medical malpractice in California is three years from the date of medical malpractice or one year from the date of discovery of the injury or illness caused by the malpractice. The article below goes into more detail regarding medical malpractice statute of limitations.
A medical malpractice lawyer is a trial lawyer who has special training and experience in handling medical malpractice cases including misdiagnosis, failure to diagnose, incorrect prescriptions, hospital-related infections, lab errors, birth injuries, etc. Since medical malpractice cases require proof that the doctor or hospital was negligent, medical malpractice lawyers often have medical experts on call to help prove their clients' cases.
The statute of limitations on filing for medical malpractice in Minnesota is two years with the "discovery rule." The discovery rule applies to when the illness or injury caused by medical malpractice is officially "discovered." The article below goes into more detail about the discovery rule and medical malpractice.
I think you are asking what the components of a medical malpractice case are. They are these: The medical practitioner owed you a certain duty of care The medical practitioner breached this duty of care You were injured as a result of this breach As a result of the injury, you incurred damages Below is a link on medical malpractice lawsuits.
Actually, despite the fact that most states have damage caps for medical malpractice, Alabama's caps were declared unconstitutional except in cases of wrongful death involving medical malpractice. For these cases, there is a cap of $1,000,00. The law article below provides more specific information concerning medical malpractice damage caps in the States.
Medical malpractice is a negligence tort. These cases are typically brought taken on by personal injury lawyers. The things that must be proven in medical malpractice cases are: The medical practitioner owed a certain duty of care The medical practitioner breached this duty of care You were injured as a result of this breach As a result of the injury, you incurred damages The article link below goes into more detail on medical malpractice cases.
The statue of limitations for medical malpractice suits in Tennessee is one year with the discovery rule. The discovery rule is a stipulation that allows for the statue of limitations to commence upon discovery of the illness or injury caused by medical malpractice. The article below explains further the connection between medical malpractice and the discovery rule.