If I was molested during hospital procedure and Dr says he never saw me do it have a case?
1 Answer from Attorneys
YES, if you were molested in any form, fad or fashion during a medical procedure or an exam, you HAVE a definite MEDICAL MALPRACTICE CLAIM.
The most basic underlying issue in any medical malpractice claim is whether there has been a deviation/departure from what is called "the standard of care." In a nutshell, "the standard of care" is what reasonable medical professionals would have reasonably done under the same or similar circumstances.
It is beyond ALl doubt that's it is certainly NOT reasonable for any treating medical professional to molest a patient under ANY circumstance, especially during the provision of medical services. No reasonable medical professional or JURY would believe or embrace the idea/argument that "molestation" of any type was reasonable under any circumstances.
The fact that the doctor is denying that he ever saw you is appalling and that denial is NOT a viable defense for them if you have reasonable proof (receipts, witnesses, etc. that you saw this Physician. You should IMMEDIATELY consult a qualified and aggressive attorney for further counsel.
In doing so, bear in mind that actual Molestation is not only Medical Malpractice it is a serious felony Criminal Offense here in Texas.
Likewise, because molestation is an intentional civil wrong, damages under this fact pattern are presumed.