Legal Question in Civil Litigation in Maryland

can i sue male health provider for touching my breasts? i didn't go into his office for breast exam/problem, he didn't tell me he was going to touch my breast, i complain to my insurance.


Asked on 7/01/12, 1:41 pm

1 Answer from Attorneys

Robert Sher Wagshal and Sher

I doubt any malpractice attorney would take such a case. You would need to provide a lot more details to determine if there was some legitimate basis for this. For example, if you were there for a general physical, you would expect the doc or even a physician's assistant to use a stethoscope to listen to your heartbeat, which would involve potentially touching your breast. Or they might be doing an exam for lumps in the breast area. I agree it would be good practice to forewarn you, but it wouldn't be the basis for a suit. Now if you're suggesting there was some fondling of a sexual nature, that would perhaps be a basis for a complaint to the local medical society.

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Answered on 7/02/12, 6:43 am


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