Attorneys: File under yuck

January 25, 2008

Do you agree with Ron Miller that the behavior alleged in this lawsuit, while disgusting, should not be the basis of a med mal complaint?

CARYN TAMBER, Legal Affairs Writer 

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Posted by Jackie Sauter | Filed Under law 

Comments

2 Responses to “Attorneys: File under yuck”

  1. Bruce Godfrey on January 27th, 2008 4:09 pm

    It should go forward as both medical malpractice and battery. Let the patient prove damages; it’s creepy and a violation of personal space to have a professional stranger exploit one’s body for personal gratification. In a broad sense, it is a sexual assault, though not a typical one.

    To be valid, a battery claim need not cause injury or physical pain, only contact that a reasonable person would find offensive. The conduct involves the breach of duty of reasonable care by the facility and physician; reasonable care does not include toe licking, and the damages are a pretty substantial violation of one’s sense of personal space. A million dollar case, maybe not, but it is valid.

  2. Anonymous on January 28th, 2008 11:01 am

    I never did med mal or insurance work. Wouldn’t the assistant be covered under the med mal insurance policy? Doesn’t it make sense that the lower level assistants would be covered by the same policy?

    I’m not sure it rises to the level of med mal (versus being a criminal or other type of civil cause of action), but it’s certainly creepy and gross.

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