Legal Question in Medical Malpractice in California

Medical Batterey?

I recently went to GYNO for a pap. This doctor caused me extreme pain during the exam when she inserted a speculum that was too large for my vagina. I've never been hurt like this before. I tried to get her to stop by telling her she was hurting me, but she did not stop until she was finished with the procedure. In fact I didn't stop crying out until she stopped. Do I have any recourse against this doctor. I gave consent for a pap, but I never consented to to an exam like this. Couldn't my cries of pain be considered a reversal of my consent?


Asked on 6/27/08, 6:35 pm

2 Answers from Attorneys
Robert L. Bennett Law offices of Robert L. Bennett

Re: Medical Batterey?

This one is very difficult to advise.

My suggestion is to change doctors.

You have very limited chances to win a lawsuit here. This falls short of medical malpractice, and you are limited by not having money damages.

Also, by the time you cried in pain, the doctor should have stopped, but I do not see this as battery.

Sorry, I cannot tell you what you wish to see.

Good luck!

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Answered on 7/01/08, 9:03 am
Mitchell Roth MW Roth, Professional Law Corporation

Re: Medical Batterey?

Yes. If you told her to stop and she did not it is a technical battery and you should report the incident to the CA Medical Board. Beyond that, you have no real remedy as fortunately the injury though painful was short and transitory, so the economics militate against a lawsuit.

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Answered on 7/05/08, 3:55 pm


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