Legal Question in Sexual Harassment in Florida

pregnant mothers seeks advice

when first pregnant i made an appointment to see a OBGYN. on my first appointment with this dr, he proceded to do an ''exam''. as he placed 2 fingers in my vaginal area to check, he then placed one finger in my rectum while leaving his 2 fingers in my vaginal area. without saying anything to me about this procedure. it was very forceful and painful. i cried and never saw him again. people i have talked to say he is bad like that. my husband was in there and saw it too. i have not said anything for i am scared. i was molested as a child and this brought back my fear. i have had no choice but to continue with seeing another dr for preg. HELP


Asked on 6/25/04, 5:30 pm

1 Answer from Attorneys

Re: pregnant mothers seeks advice

The doctor would likely claim that this is a "normal" procedure but it does not sound normal to me. You would need medical expert testimony on what the doctor should have done to prove that this was in fact inappropriate. If it was, then it constitutes battery under both civil and criminal laws. That means you could file a complaint with the police and also sue the doctor for money damages. You can also file a complaint with the AMA. There may be a state agency to file a complaint with, too, but this is not my area of the law so I unfortunatley am not familiar with potential actions. If you contact the AMA they might give you some guidance.

If you believe it was battery - even if it is a normal procedure, it is still battery if it is done without permission, and want to take action, report it to the police. If you want to sue, contact an attorney who handles torts and personal injury. You can get a referral from the Florida Bar, and might also post this again on LawGuru if there is a personal injury or medical malpractice type section.

Last, since this has brought up terrible memories for you, consider counseling to help you get through this tough time. Seeing a counselor would also help prove your damages (mental anguish, among other things) should you sue.

If you can deal with it, it is definitely worth taking some action to try to prevent him from doing this to others.

Best of luck to you.

Jeff Sheldon

Jeffrey L. Sheldon, Esquire

The Sheldon Law Firm

17804 St. Lucia Isle Drive

Tampa, FL 33647

813.986.7580

(f) 813.986.7489

(Admitted in Fl., MD, D.C., and Pa.)

[email protected]

http://www.SheldonLawFirm.com

Disclaimer: This posting does not and is not intended to constitute legal advice. It is not confidential, nor is it privileged, and it does not create an attorney-client relationship. Please consult with an attorney for advice specific to the facts of your case.

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Answered on 6/25/04, 8:57 pm


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