Sexual Harassment in Doctors’ Offices and Healthcare
The recent release of Athlete A, a documentary focused on the gymnasts who endured sexual abuse from USA Gymnastics doctor Larry Nassar, reveals just what a serious issue sexual harassment in doctors’ offices and the healthcare field in general, and the emotional damage that those perpetrators can inflict on their victims.
Sexual harassment has unfortunately been an issue in healthcare for far too long. As pointed out by Harvard Business Review, medicine has all three elements of what makes an entity prone to sexual harassment: A climate that tolerates transgressions, a hierarchical structure, and a male-dominated environment.
How Serious is the Problem?
Academic medicine in particular has the highest rate of both gender and sexual harassment, where 30% to 70% of female physicians and half of all female medical students report being sexually harassed. Before they can even begin their careers as doctors, they will be subjected to an emotionally and physically damaging experience that can have a lasting impact on their lives.
The issue affects not only a number of doctors and medical students, but other employees, as well. According to a survey conducted by Medcape, 11% of nurses, physician assistants, and nurse practitioners had experienced sexual harassment ranging from leering, to sexual comments, to offering promotions in exchange for sexual favors. According to this same survey, almost half of the perpetrators were physicians, more than half never reported the issue, and almost 80% of those who stayed silent were residents.
Employers’ Responsibility to Ensure a Safe Work Environment
As with a number of other industries, the #MeToo movement has brought attention to the issue and the need for reform in the field. Employers in healthcare have a number of legal responsibilities when it comes to preventing, detecting, and remedying sexual harassment in order to ensure a safe work environment. This includes ensuring that there is a zero-tolerance policy which includes written protocols and a:
- Prominently placed patients’ rights statement
- Training program
- System and methodology in place that allows for patients to report their complaints
- Means of educating everyone regarding what is harassment and what will not be tolerated
- Quick response to any and all reported incidents that includes a thorough, unbiased investigation which goes through HR and is kept confidential
- Range of sanctions that are appropriate based on the behavior involved and consistently, equally applied to all staff
If You Have Experienced Sexual Harassment by a Healthcare Provider, Contact Our New Jersey Sexual Harassment Attorneys
Depending upon the circumstances and severity of what occurred, civil litigation with claims for substantial damages, criminal prosecution, and licensing actions may result from sexual harassment in doctors’ offices and other healthcare providers. If you have been the victim of sexual harassment in a doctor’s office or other healthcare setting, contact the attorneys of McOmber McOmber & Luber today to find out how we can help.