Civil Liability for Georgia Victims of Sexual Abuse by Health Care Professionals


June 21, 2011

Sexual abuse is defined as any sexual activity that occurs without a person's consent. Frequently, sexual abuse is carried out by people who are in professional positions, positions of trust and positions of power.

The perpetrator of sexual abuse can be an acquaintance or a stranger. This kind of abuse can lead to lifelong emotional damage and leave a victim with feelings of shame, fear, anger and disappointment that never go away. There is a disturbing trend that reveals a growing concern regarding sexual abuse in hospital settings with the perpetrators being doctors, therapists, psychiatrists and other medical staff who violate the trust of their patients. If you have suffered sexual abuse perpetrated by a health care professional, you may be entitled to compensation for your injuries. At Montlick and Associates, Attorneys at Law, we have been representing victims of sexual abuse throughout Georgia for over 27 years.

A recent incident in Cobb County is illustrative of this alarming trend. A nurse anesthetist was found guilty of 34 charges of sexual assault including sexual assault of a person in custody, aggravated sodomy, aggravated child molestation and unlawful surveillance. There were about 19 victims in all, and several were under 16 years of age. Most of the victims of these acts of sexual abuse were unconscious at the time the abuse occurred.

The perpetrator taped his cell phone underneath the sink in a dentist's office he was working at so it would take video of women while they were on the toilet. On the phone, they found footage of him touching and sexually assaulting unconscious women at Cobb Hospital where he also worked. He has been found guilty and could get life in prison and face $1.8 million in fines.

If you feel that you have been abused while in a hospital or other health care setting, it is important to speak with an experienced Georgia sexual abuse attorney. An Atlanta sexual abuse victim’s attorney can explore the facts of your case with compassion and understanding and help you to obtain justice and closure.

Filing a sexual abuse claim or lawsuit is an important decision, but a civil lawsuit may be the only way for you to obtain justice and accountability. When you are busy dealing with the emotions and the shock that go along with this kind of abuse, it is difficult to focus on a sexual abuse case. We have the knowledge and experience to help you through the legal process so that you can focus on healing and recovering.

In most cases, the sexual abuse occurs between the victim and the defendant, and there are few other witnesses. In some cases, the abuser will claim that the victim gave "consent". It can help to seek prompt legal representation because discovery and preservation of any evidence that corroborates a victim’s testimony can be key in building a strong sexual abuse lawsuit. Corroborating evidence is evidence that strengthens, adds to, or confirms already existing evidence or testimony. Some examples of corroborating evidence in a case like this include:

  • Physical evidence - clothing, fibers, and debris from the crime scene.
  • Medical evidence - blood, saliva, semen, and hair.
  • Mental health evidence - testimony from experts that can confirm the mental signs of abuse.
  • Similar transgressions - evidence that establishes that the perpetrator has engaged in the behavior before.

Our Georgia sexual abuse victims' attorneys thoroughly investigate incidents involving our clients including interviewing witnesses, obtaining reports and working with police, prosecutors, and depending on the facts of the case, forensic experts to go over each fact in the case to ensure that our clients receive the justice and compensation that they deserve.

At Montlick and Associates, Attorneys at Law, we have been helping Georgia families for over 27 years. We know the long-term devastating toll sexual abuse can have on a person and are committed to helping sexual abuse victims and their families seek the compensation and therapy they need. If you or someone you love has been the victim of sexual abuse in any setting, call Montlick & Associates today to see how our Georgia sexual abuse victims' lawyers may be able to help. We are available to assist clients throughout all of Georgia, including but not limited to Albany, Athens, Atlanta, Augusta, Columbus, Dalton, Gainesville, Macon, Marietta, Rome, Roswell, Savannah, Smyrna, Valdosta, Warner Robins and all smaller cities and rural areas in the state. Call us today for your free consultation at 1-800-LAW-NEED (1-800-529-6333), or visit us on the web at www.montlick.com and use our Free Case Evaluation Form or 24-hour Live Online Chat. No matter where you are in Georgia, we are just a phone call away and we will even come to you.

Category: Personal Injury

Please Note:
Many of our blog articles discuss the law. All information provided about the law is very general in nature and should not be relied upon as legal advice. Every situation is different, and should be analyzed by a lawyer who can provide individualized advice based on the facts involved in your unique situation, and a consideration of all of the nuances of the statutes and case law that apply at the time.