Miami Physician Sexual Assault Lawyer
Patients place an extraordinary amount of trust in doctors and other medical professionals. A patient may have to undress, permit intimate examinations, discuss deeply personal medical information, or undergo procedures that require physical vulnerability. That trust exists because the patient expects the physician to act solely for the patient’s medical well-being.
When a physician uses that position of trust to engage in sexual conduct, the consequences can be devastating. Sexual misconduct by a doctor can leave a patient with physical injury, emotional trauma, loss of trust, and other lasting effects. When misconduct occurs during a purported medical examination or procedure, it can also raise complicated questions about civil liability and the legal responsibility of the physician, hospital, medical practice, or other facility involved.
At Sotolongo Law, we represent patients who have been harmed by physicians and other medical providers. Our role is to advocate for injured patients and help them pursue the care, support, and compensation they need after medical professionals violate their trust. Miami physician sexual assault lawyer Pedro P. Sotolongo has more than 20 years of medical malpractice experience, including five years representing health care providers and insurers on the defense side. More importantly, Mr. Sotolongo and his team are in the business of taking care of people who have been harmed and helping them achieve justice and accountability from those who have wronged them.
Sexual Misconduct Has No Place in the Physician-Patient Relationship
Florida law expressly prohibits sexual misconduct in the practice of medicine. Under Fla. Stat. § 458.329, sexual misconduct includes using the physician-patient relationship to induce or attempt to induce a patient to engage in sexual activity outside the scope of medical practice or generally accepted examination or treatment.
Florida law also recognizes the profound imbalance of the physician-patient relationship. Under Fla. Stat. § 458.331, exercising influence within a patient-physician relationship for the purpose of engaging a patient in sexual activity is a ground for disciplinary action, and the statute provides that a patient is presumed incapable of giving free, full, and informed consent to sexual activity with the physician.
A patient should be able to trust that an intimate examination, physical contact, or medical procedure is being performed for a legitimate medical purpose. A physician who exploits that trust may expose the patient to civil liability as well as professional discipline and, depending on the circumstances, criminal consequences.
Physician Sexual Assault During a Medical Examination
One of the most difficult situations involves alleged sexual misconduct that occurs while a physician claims to be performing a legitimate medical examination or procedure. A patient may initially believe that touching, positioning, or an examination is medically necessary because the person performing it is a licensed physician.
The circumstances can become especially troubling when the physician performs an examination in a way that is inconsistent with its stated medical purpose, continues after the patient objects, uses the medical setting to obtain sexual contact, or misrepresents what is medically necessary.
These cases require careful attention to what the physician represented the examination or procedure to be, what actually occurred, whether the conduct had a legitimate medical purpose, what the patient said or did in response, and what other medical professionals may have observed.
A patient’s uncertainty about what happened does not mean that the conduct was acceptable. Medical terminology and the authority of a physician can make it difficult for patients to immediately understand that a boundary has been crossed.
Civil Claims Against a Physician
A physician accused of sexual misconduct may face civil claims based on the specific conduct and circumstances involved. Depending on the facts, claims can include intentional torts such as assault or battery, medical negligence, or other causes of action.
The legal characterization of the claim can matter. Florida courts have distinguished between sexual misconduct that is completely separate from medical care and misconduct that allegedly occurs under the guise of a legitimate medical examination or treatment.
In April 2026, the Florida Sixth District Court of Appeal addressed this issue in Cape Coral Emergency Physicians, LLC v. Jane Doe. The court held that claims arising from an allegedly improper intimate examination in a hospital emergency department were subject to Florida’s medical malpractice presuit requirements because the alleged misconduct arose from the rendering of medical services. The court emphasized that the examination was represented as legitimate medical treatment and that the allegations concerned the manner in which the medical examination was performed.
That decision also discussed earlier Florida cases involving sexual misconduct that was separate from legitimate medical treatment. In those cases, courts distinguished conduct that merely occurred in a medical setting from conduct directly connected to the provision of medical services.
Because the legal classification can depend on exactly what happened, a patient should not assume that a claim is or is not medical malpractice simply because the alleged misconduct occurred in a doctor’s office or hospital.
Potential Claims Against Hospitals and Medical Facilities
A physician may not be the only potential defendant. Depending on the circumstances, a patient may have claims involving a hospital, medical practice, surgical center, or other facility.
Potential legal theories include vicarious liability, negligent hiring, negligent retention, negligent supervision, or other claims based on the facility’s own conduct. The viability of any claim depends on the relationship between the physician and facility, what the facility knew or should have known, and the facts surrounding the alleged misconduct.
Florida law expressly imposes duties on health care facilities, including hospitals and ambulatory surgical centers, concerning risk management and the competence of medical staff and personnel. Under Fla. Stat. § 766.110, such facilities have duties involving careful selection and review of medical staff and personnel and can be liable for failing to exercise due care in fulfilling those responsibilities.
A facility may therefore become an important part of a civil case when evidence indicates that it failed to meet a legal duty concerning the physician or the safety of patients.
What a Civil Case May Need to Establish
A civil claim involving physician sexual assault may require evidence addressing several different issues. The evidence might need to establish what the physician did, why the physician claimed the conduct was medically necessary, whether the conduct was actually within the scope of legitimate medical care, and how the patient was harmed.
Medical records can be particularly important in this regard. Examination notes, treatment records, consent forms, procedure records, appointment records, messages, billing records, and other documentation may help establish what medical service the patient was supposed to receive.
Other evidence may include communication between the patient and physician, communications with family members or other health care providers, photographs or physical evidence when relevant, witness testimony, facility policies, personnel records, prior complaints, and documentation of subsequent medical or psychological treatment.
The patient’s account is also important. A person who experiences sexual misconduct during a medical encounter might not immediately report it or may have difficulty describing the event. Delayed reporting does not by itself determine whether the allegation is true or false. The circumstances surrounding the report and the available evidence must be evaluated as a whole.
The Importance of Medical and Legal Knowledge
Cases involving physician sexual assault can occupy a complicated intersection between personal injury law, medical malpractice, intentional torts, professional regulation, and potentially criminal law. Understanding the medical context can be important because the alleged misconduct may have been concealed or justified through medical terminology.
Pedro P. Sotolongo’s background is particularly relevant to cases involving medical providers. Before representing injured patients, he spent five years defending medical malpractice claims. He learned how physicians, hospitals, insurers, and defense counsel evaluate medical records and medical evidence.
The goal is not simply to prove that a physician violated a boundary. It is to help the patient address the consequences and pursue appropriate compensation for the physical, emotional, financial, and other injuries resulting from the misconduct.
Medical Malpractice Presuit Requirements May Apply
The legal process can become particularly important when the alleged misconduct occurred during an examination or procedure that was represented as legitimate medical treatment.
Florida’s medical malpractice statutes establish presuit procedures that require an attorney investigation, a corroborating medical expert opinion, and notice to prospective defendants before a medical negligence lawsuit is filed.
The Sixth District Court of Appeal’s 2026 decision is important because it held that claims against physicians as well as other medical professionals and a hospital arising from an allegedly improper examination were subject to these medical malpractice presuit requirements. The court reasoned that those claims arose directly from the rendering of medical services.
This does not mean every claim involving sexual misconduct by a physician is automatically a medical malpractice claim. Florida appellate decisions have distinguished sexual misconduct that is completely separate from medical treatment from misconduct occurring under the guise of a legitimate examination or procedure.
That distinction makes early legal evaluation important. The applicable procedure may depend on the exact nature of the physician’s conduct and the legal theory being pursued.
Time Limits for Civil Claims
Time limits can also depend on the legal theory underlying a civil claim. Florida’s general statute of limitations provides different periods for intentional torts and medical malpractice actions. Section 95.11 generally provides a four-year limitations period for assault, battery, and other intentional torts, while medical malpractice claims generally have a two-year period measured from the incident or from when the incident was discovered or should have been discovered with due diligence, subject to statutory exceptions and an outside four-year period in most cases.
Additional facts can affect the applicable deadline. For example, allegations involving fraud, concealment, minors, or other circumstances may alter the timeframe.
Because choosing the wrong limitations period can jeopardize a claim, a person who believes a physician sexually assaulted or abused them should discuss the circumstances with an attorney as soon as reasonably possible.
Compensation for the Harm Caused by Physician Sexual Assault
The effects of physician sexual misconduct can extend far beyond the medical encounter itself. A patient may experience physical pain or injury, anxiety, depression, emotional distress, difficulty trusting medical professionals, disruption to relationships, lost income, or a need for continuing treatment.
Some patients may require counseling or other mental health care. Others may avoid necessary medical treatment because they no longer feel safe in a clinical environment. The consequences can affect a person’s health, work, relationships, and quality of life.
A civil claim can seek compensation for damages supported by the evidence and recognized under the applicable law. The appropriate damages depend on the circumstances, the nature and extent of the injuries, and the legal claims that can properly be brought.
At Sotolongo Law, we focus on helping the patient obtain the resources necessary to address those consequences. We understand that pursuing a civil claim is not simply about an event that occurred in a medical office. It is about what happened to the patient and what that person needs to move forward.
Because We Care®
Sotolongo Law is a boutique Miami firm that provides a high level of caring, personal attention to injury victims while taking on defendants with substantial legal and financial resources, including hospitals, medical facilities, insurers, and others.
Pedro P. Sotolongo’s medical malpractice defense experience gives him insight into how medical providers and their insurers may approach a civil claim. His understanding of medicine also helps him evaluate records and medical evidence without losing sight of the person behind them.
Sotolongo Law serves Spanish-speaking patients and families throughout South Florida, including members of Miami’s Cuban, Venezuelan, Nicaraguan, Argentinian, and broader Latin American and Hispanic communities. We understand the importance of communicating clearly and treating sensitive allegations with the privacy, compassion, and respect they deserve.
Frequently Asked Questions About Physician Sexual Assault
Can I sue a doctor for sexual assault in Florida?
Depending on the facts, a civil case may involve claims such as assault, battery, medical negligence, or other theories of liability. The appropriate claims and procedures depend on what occurred and the relationship between the alleged misconduct and the medical care being provided.
Can I sue a hospital if a doctor sexually assaulted me?
Claims against a hospital or medical facility may depend on issues such as employment or agency relationships, vicarious liability, negligent hiring, retention or supervision, and the facility’s own legal duties. The specific facts must be evaluated before determining which claims may apply.
Is sexual misconduct by a doctor a form of medical malpractice?
Florida courts distinguish between misconduct that is separate from medical care and misconduct that occurs under the guise of a legitimate medical examination or procedure. A 2026 Florida appellate decision held that certain claims arising from an allegedly improper medical examination were subject to medical malpractice presuit requirements.
What if I did not report the physician immediately?
A delayed report does not automatically prevent someone from pursuing a civil claim. People may respond to sexual misconduct in different ways, and the circumstances surrounding a report can be important evidence. Because legal deadlines can apply, it is still important to seek legal advice promptly.
What should I do if I believe a doctor sexually assaulted me?
If you need medical or emotional support, consider seeking appropriate care from a provider you trust. Preserve communications and other records relating to the medical encounter and any subsequent treatment. You might also consider reporting the conduct to law enforcement or the appropriate professional licensing authorities. An attorney can explain potential civil claims and help you understand the applicable deadlines and procedures.
Contact Sotolongo Law for a Free Consultation
If a physician violated your trust or sexually assaulted you during a medical encounter, you do not have to simply accept what happened or deal with the consequences alone. Sotolongo Law can help you understand your civil options and pursue justice, accountability, and compensation for the harm you experienced.
Contact Sotolongo Law for a free consultation. We handle qualifying cases on a contingency-fee basis, so you pay no attorney’s fee unless we obtain a recovery for you.