Sexual Assault

  • Read more: Actions for Sexual Assault Incidental to Medical Treatment Placed Outside the Scope of Medical Liability

    Actions for Sexual Assault Incidental to Medical Treatment Placed Outside the Scope of Medical Liability

    By Alex Stein Ex parte Vanderwall, — So.3d —- 2015 WL 5725153 (Ala. 2015), is a new important decision that defined “medical malpractice” to identify suits adjudicated under special defendant-friendly rules. As I explained here, here, here, here, here, here, here, and in a foundational article on the subject, categorizing a suit as sounding in “medical malpractice”—as opposed to “ordinary negligence,” “assault” or “battery”—determines…

  • Read more: Sexual Abuse by a Gynecologist Meets Tort Reform

    Sexual Abuse by a Gynecologist Meets Tort Reform

    By Alex Stein A gynecologist’s patient filed a suit alleging that he touched her inappropriately and made sexually charged comments during her office visits. The suit was filed against the gynecologist and his employer. The plaintiff’s allegations against the gynecologist included medical negligence and intentional infliction of emotional distress. Her cause of action against the employer…