Example Sexual Assault Lawsuit

Below is a sample legal complaint in sexual assault lawsuit. Facts, dates, and names have been changed but this is a good model complaint if you are bringing a doctor sexual assault lawsuit.

In this example sex abuse lawsuit, the patient had a wrist injury and the doctor had asked her to put on a gown and take off all her clothes underneath the gown and then having her take offer her gown during his evaluation.  Again, this was for a wrist injury.  He also touched her in inappropriate places and told her that her boob job was amazing.

At the end of the visit, he told her that getting sexually aroused with patients was quite normal and the American Medical Association understood there was nothing inappropriate about it.  Certainly, this was designed so the patient would not report the doctor.  Our client did not want this to happen to anyone else and called our sex abuse attorneys.

Does this type of lawsuit below in your state’s medical malpractice statutory scheme that requires you to jump through all of the medical malpractice hoops to file a sexual assault lawsuit against a health care provider? It really depends on the state. Our sex abuse lawyers’ thinking is that you are better off not taking a risk and simply file your lawsuit using the malpractice guidelines.

Our law firm handles sexual abuse lawsuits for victims in Maryland.  If you have a potential claim, whether you are a victim or another lawyer, do not hesitate to call us at 800-553-8082 or get a free online consultation.

Example Doctor Sex Abuse Lawsuit

IN THE CIRCUIT COURT FOR BALTIMORE CITY, MARYLAND Civil Division

Megan McGwire :
875 Mills Park Drive, #106
Baltimore, Maryland 21230
Plaintiff,
v.
Monte McEnroe :
482 Evans Way, Suite #200
Baltimore, Maryland 21228

COMPLAINT AND DEMAND FOR JURY TRIAL

The Plaintiff, Megan McGuire, by and through her attorneys, Miller & Zois, LLC, sues the defendants Jones Healthcare and Monte Monroe.

This case arises from the deeply unethical and harmful conduct of Dr. Monte McEnroe, a licensed physician employed by Jones Healthcare, who used his position of trust to exploit and sexually assault the Plaintiff, Megan McGuire. The violations alleged herein detail a pattern of predatory behavior, supported by Jones Healthcare’s negligence in supervising and retaining Dr. McEnroe despite repeated red flags about his misconduct.

In further support, plaintiff states as follows:

PROCEDURAL HISTORY

1. This matter was filed with the Health Care Alternative Dispute Resolution Office of Maryland on June 3, 2023.
2. The Plaintiff filed two Certificates of Merit and Reports with the Health Care Alternative Dispute Resolution Office of Maryland on October 17, 2023.
3. The Defendants, Jones Healthcare and Dr. Monte McEnroe, filed an Election to Waive Arbitration with the Health Care Alternative Dispute Resolution Office of Maryland on or about June 4, 2023.
4. An Order of Transfer was issued by the Health Care Alternative Dispute Resolution Office of Maryland on or about June 8, 2023.
5. These claims were properly filed in the Health Care Alternative Dispute Resolution Office as they exceed Thirty Thousand Dollars ($30,000.00) in damages.
6. The Plaintiff hereby reasserts and incorporates by reference the initial Statement of Claim filed with the Health Care Alternative Dispute Resolution Office on or about June 1, 2023, as though fully set forth herein.

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PARTIES

7. Megan McGuire (“Ms. McGuire”) is an adult citizen of Baltimore, Maryland.
8. Monte McEnroe, M.D. (“Dr. McEnroe”) is an adult citizen of Maryland, licensed to practice medicine in Maryland, and maintaining offices in Baltimore, Maryland.
9. Jones Healthcare, LLC is a corporation organized under the laws of Maryland, with its principal place of business at 201 Baltimore Street, Baltimore, Maryland 21202.

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AMOUNT OF CLAIM AND VENUE

10. The amount in controversy exceeds Thirty Thousand Dollars ($30,000.00).
11. Venue is appropriate in Baltimore City as the Defendants reside, operate, and conduct regular business in this jurisdiction.

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FACTS RELEVANT TO ALL COUNTS

12. At all relevant times, Dr. McEnroe was an employee and agent of Jones Healthcare, acting within the course and scope of his employment.
13. On May 18, 2023, Ms. McGuire sought treatment for a lingering wrist injury she sustained during the Baltimore Marathon.
14. During the examination, Dr. McEnroe asked unrelated and intrusive questions about a prior injury to Ms. McGuire’s inner thigh, which had fully healed and was unrelated to her wrist complaint.
15. Without a chaperone present, Dr. McEnroe performed a physical examination that escalated to inappropriate and invasive touching, including prolonged contact with areas unrelated to her injury.
16. Ms. McGuire initially believed the conduct might have been part of a legitimate medical evaluation but later realized it was inappropriate and unjustified.
17. Dr. McEnroe made sexually suggestive comments during the examination, including remarks about her physical appearance and inappropriate comments regarding her body’s reaction to the examination.
18. At one point, he exposed his erection and made comments implying mutual sexual attraction, further escalating Ms. McGuire’s discomfort and distress.
19. Despite Ms. McGuire’s visible discomfort, Dr. McEnroe continued to make physical contact, brushing against her genitals under the guise of examining her thigh and wrist.
20. The inappropriate conduct ceased only when a nurse interrupted the session.
21. Six days later, Ms. McGuire reported the incident to her primary care doctor’s office, outlining the details of the abuse.
22. Upon information and belief, Jones Healthcare had prior knowledge of similar complaints against Dr. McEnroe but failed to take corrective action.

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COUNTS

COUNT I: (Negligence/Medical Malpractice – Dr. McEnroe)

23. The Plaintiff re-alleges and incorporates by reference all preceding paragraphs.
24. At all relevant times, Dr. McEnroe owed Ms. McGuire a duty to exercise the standard of care expected of a competent medical professional.
25. Dr. McEnroe breached this duty by engaging in inappropriate and invasive conduct unrelated to Ms. McGuire’s medical complaint.
26. As a direct result of this breach, Ms. McGuire suffered physical, emotional, and financial harm.

WHEREFORE: The Plaintiff claims monetary damages against Dr. McEnroe in excess of Thirty Thousand Dollars ($30,000.00), plus costs, interest, and other relief as deemed appropriate by this Court.

COUNT II: (Battery – Dr. McEnroe)

27. The Plaintiff re-alleges and incorporates by reference all preceding paragraphs.
28. Dr. McEnroe’s conduct constituted an intentional and offensive touching of Ms. McGuire without her consent.
29. The conduct was neither medically necessary nor clinically justified.
30. As a result, Ms. McGuire suffered severe emotional and physical harm.

WHEREFORE: The Plaintiff claims compensatory and punitive damages against Dr. McEnroe in excess of Thirty Thousand Dollars ($30,000.00), plus costs, interest, and other relief as deemed appropriate by this Court.

COUNT III: (Intentional Infliction of Emotional Distress – Dr. McEnroe)

31. The Plaintiff re-alleges and incorporates by reference all preceding paragraphs.
32. Dr. McEnroe’s actions were intentional, extreme, and outrageous.
33. His conduct caused severe emotional distress to Ms. McGuire, necessitating ongoing therapy and treatment.

WHEREFORE: The Plaintiff claims compensatory and punitive damages against Dr. McEnroe in excess of Thirty Thousand Dollars ($30,000.00), plus costs, interest, and other relief as deemed appropriate by this Court.

COUNT IV: (Negligence – Jones Healthcare)

34. The Plaintiff re-alleges and incorporates by reference all preceding paragraphs.
35. Jones Healthcare negligently retained, supervised, and failed to discipline Dr. McEnroe despite prior complaints of misconduct.
36. As a result, Ms. McGuire suffered preventable harm while under Jones Healthcare’s care.

WHEREFORE: The Plaintiff claims compensatory and punitive damages against Jones Healthcare in excess of Thirty Thousand Dollars ($30,000.00), plus costs, interest, and other relief as deemed appropriate by this Court.

Respectfully Submitted,

Miller & Zois, LLC

_______________________
Ronald V. Miller, Jr.
Miller & Zois, LLC
One South Street, Suite #2450
Baltimore, Maryland

PLAINTIFF’S REQUEST FOR JURY TRIAL

Plaintiff, pursuant to Maryland Rule 2-325, prays a trial by jury on all issues.

________________________
Ronald V. Miller, Jr.

More Litigation Resources

• More sample complaints
• An example sexual abuse lawsuit involving a doctor and a teenage patient
• Lawsuits involving intentional conduct by a doctor
• Protecting students from sexual misconduct is an obligation every school has
• Analysis of a sexual assault legal complaint involving a male nurse (with links to many additional sexual assault lawsuits)