A patient seeking a medical evaluation from a worker’s compensation doctor, instead was subjected to sexual harassment when the doctor chose to masturbate in front of her and suggestively offer to maximize her claim, as alleged in a medical malpractice lawsuit, and reported by the Courthouse News Service.
The victim, identified as Mary C. in the lawsuit, is suing both the Advance Care Specialist Medical Clinic in Riverside and the physician she was seen by, Dr. R.M.
Mary C. states that during her exam on May 25, 2011 Dr. R.M. “conducted his evaluation without the presence of a nurse” while masturbating.
The complaint reads, “Initially, Dr. (R.M.) sat at a desk opposite Ms. (C.) and questioned her about her injuries, worker's compensation case…Dr. (R.M.) stopped writing and passionately exclaimed, 'Let's see what else I can add here to maximize your claim. I can get you more money.' Ms. (C.) then heard Dr. (R.M.) roll his chair away from the desk, whereupon she looked at Dr. (R.M.), who was now leaning back in his chair and stroking his genitals with his hand.”
The suit goes on to outline a quick series of events in which Mary C., at first “dumbfounded”, endured Dr. R.M.’s sexual innuendos. Then the doctor left his chair and came closer to her while continuing to fondle his penis – which caused her to begin to shake and panic. She felt forced to flee from the room.
As she attempted to calm down in the reception area, the suit states that Dr. R.M. was still in “hot pursuit” of the victim and “walked up to Ms. (C.) and scanned her body up and down with his eyes, and then left (the reception area) without saying anything.”
Mary C. waited seven more weeks before returning to Advance Care to follow up with her medical appointments. The suit states that she was plagued with several maladies from the incident including “humiliation, anxiety, nervousness, fear, anger, depression, crying spells, inability to concentrate, nausea and exhaustion.”
On July 18, 2011, while being attended to by a different physician at Advance Care, Mary C. told the new doctor what had happened during her appointment with Dr. R.M. When he queried her as to why she waited so long to report the incident, Mary C. said it was because, “she was fearful of retaliation by (Dr. R.M.) with respect to her pending worker's compensation case.”
In response to her confession, the new doctor told her that Dr. R.M. “was no longer employed with Advance as he 'unexpectedly quit,' thereby stranding his patients.”
The suit asks for punitive damages for sexual harassment, civil rights violations, and intentional infliction of emotional distress, medical expenses and costs. Woodland Hills-based attorney Mark Avila is representing Mary C.
Imagine seeking care from a physician and being harmed instead. If this is a scenario you are all too familiar with, contact a medical malpractice attorney to help you file a claim. Monetary awards for your pain and suffering are often the outcome.