Utah Supreme Court Rules That Alleged Sexual Assault by a Doctor Is Not “Health Care”
Utah Supreme Court Rules That Alleged Sexual Assault by a Doctor Is Not “Health Care”
The decision revives a lawsuit filed by 94 women who said their OB-GYN sexually abused them. Previously, a lower court determined that the actions they alleged had to be treated as medical malpractice.
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blinks
Wut.
This is a good ruling. Weird title. The first judge this case was brought before said that they couldn’t claim sexual assault, only medical malpractice because they were seeking medical care when it happened.
This ruling says sexual assault is sexual assault, even in the context of a doctor’s appointment. You wouldn’t think we need to clarify that, but here we are.
Medical malpractice suits are almost never successful, so being free to get out from under that umbrella is progress. Sad that this is still only a civil case, I would want a criminal case as well. He deserves prison and not just a fine.
Thank you for the added info.
Ruling it as sexual abuse should open up a path for a criminal case as well.
Edit: he is being charged and is currently being investigated
Edit: he is being charged and the investigation is ongoing
Welcome to the US court system
Yup. The esteemed justice system that brought you the gay panic defense and affluenza, because it's too much to expect that the actual law be honored when there's a chance to exercise cruelty.
Yeah, the “he’s too rich to be responsible for his own actions” defence was wild and I hate everyone involved in it almost as much as I hate the fact that it worked.