Phillips & Associates

Joshua M. Friedman Advocates for Patient Sexually Harassed by Doctor

Prior to trial in a sexual harassment case, a harasser may try to get the case dismissed through various motions, including a motion for summary judgment. When a defendant is successful in this type of motion, the case will be dismissed, and a victim will not have their case go before a jury. Recently, Phillips & Associates represented a patient of a medical practice who had been sexually harassed and whose harasser had moved for summary judgment on her claim. Attorney Joshua M. Friedman successfully fought the motion and obtained a denial of it so that our client could go forward with her claim. If you have faced harassment or abuse by your doctor, you should call Phillips & Associates. Our New York sexual harassment lawyers may be able to help you.

Liability for Sexual Harassment by New York Doctors

Joshua M. Friedman Advocates for Patient Sexually Harassed by DoctorThe New York City Human Rights Law and the New York State Human Rights Law forbid discrimination based on sex in public accommodations. Sexual harassment is one type of sex discrimination. Clinics and hospitals should not permit sexual harassment of patients by their employees.

Prohibited sexual harassment includes a wide range of unwelcome behavior and comments based on sex. It may involve touching, derogatory remarks, crude jokes, or even assault. If your doctor made a sexual comment to you or groped you, or simply treated you differently from people of another sex or gender, there may be a violation of the city or state laws.

You may be able to hold a doctor liable for his or her sexual harassment of you as a patient. You may also be able to hold the doctor’s employer liable for an illegal discriminatory practice based on gender. Clinics and hospitals may be held accountable for an employee’s sexually harassing conduct.

It is important to be aware that sexual harassment can be perpetrated by people of either sex against those with whom they share the same sex. Harassment is often about power, rather than desire.

Single-Sex Restroom Facilities

In a hospital or clinic, you should be allowed to use single-sex facilities consistent with your gender. Your doctor should not make any offensive comments or derogatory remarks about your use of a single-sex facility based on the sex that you were assigned at birth or your anatomy. Additionally, your doctor should not try to stop you from using the restroom that fits your gender because he or she assumes that your gender is different, based on information in your medical record or your appearance.

Damages

If we can successfully establish liability for sexual harassment in a public accommodation under the New York City Human Rights Law or the New York State Human Rights Law, we may be able to obtain compensatory damages from the doctor and medical practice on your behalf. In some cases, it may be appropriate to request punitive damages, which are damages intended to deter and punish. For instance, it might be appropriate to seek these damages if a clinic knowingly employed a doctor with a history of sexual harassment complaints, and he harassed you. Additionally, we may be able to secure injunctive relief. Injunctive relief may involve orders that doctors go through sexual harassment training and avoid any further improper conduct. It could also involve requiring the hospital or clinic to institute a better sexual harassment policy to prevent future harassment of patients by doctors.

Other Relief

In addition to civil remedies under the state or local anti-discrimination laws, you may be able to seek relief by filing a report with the police and with the state medical board. You may have causes of action for civil assault or battery or intentional infliction of emotional distress, in addition to other claims.

Contact Our Experienced Sexual Harassment Attorneys

If you believe that you were subject to sexual harassment, our experienced trial attorneys at Phillips & Associates may be able to represent you. We represent victims in New York City and Westchester, Nassau, and Suffolk Counties, as well as New Jersey, Pennsylvania, and Florida. Call us at (212) 248-7431 or complete our online form.

PHILLIPS & ASSOCIATES
45 Broadway, #430
New York, NY 10006
Tel: (212) 248-7431
Fax: (212) 901-2107

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Phillips & Associates did a wonderful job. I would recommend Brittany Stevens. Angel
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Employment dispute I had a dispute with my former employer, Jesse Weinstein was patient and thorough with my case. He covered every angle and was able to help me with my dispute. I would recommend Jesse Weinstein and Phillips and Associates in the future to anyone. Margaret
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Hands down the best law firm for labor disputes in NYC. Being in the restaurant industry for more than 30 years I can say that this law firm is the number one choice for workers in the restaurant business that need to sue their company for wrongful termination. A special compliment to my lawyer Brittany Stevens. An amazing person and well prepared experienced lawyer. She was professional and empathetic to my case and worked in a time appropriate manner. She never miss a phone call at any hour of the day.The other associates that assisted Brittany were Yusha Hiraman and Eugenio Benvenuto. They were all professional and answered any questions or concerns that I had. Brittany and her team helped me with what I needed, when I needed it. I want to thank them all (especially Brittany), for a job well done. Massimo
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Jesse Weinstein handled my discrimination case. He was extremely patient and understanding throughout the process and remained professional and consistent even when I could not. I really felt like he had my back and I didn't have to worry. His expertise, combined with the experience of the Firm, resulted in the best possible outcome of my case. Although I wouldn't wish what I went through on anyone, things do and always will happen and I would highly recommend Jesse and this Firm to anyone facing discrimination or other workplace issues. Karen