321
Utah Supreme Court Rules That Alleged Sexual Assault by a Doctor Is Not “Health Care”
(www.propublica.org)
blinks
Wut.
this post was submitted on 11 Aug 2024
321 points (99.4% liked)
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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
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.
Doctors used to perform "pelvic exams" on unconscious women all the time without their knowledge or consent. Totally legit practice back in the day.
You say that as if that practice has been abandoned
I had to look it up. Article from 2021.
https://www.healthywomen.org/your-care/pelvic-exams-unconscious-women
Fuck
A recent survey of 101 medical students from seven American medical schools found that 92% had performed a pelvic exam on anesthetized female patients, 61% of whom reported not having explicit consent from the patients.
Double fuck
Double fuck
Quite literally, isn't it?
I was always suspicious of male OB/GYN, it seems like an unusual specialty to choose for purely altruistic reasons.
Abandoned? Definitely not. It's just not as "acceptable" these days. (Grew up with family member OB/GYN from the 1950s and was definitely the type to do that shit)
Doogie Howser M.D. got dumped for doing exactly that.