Are obscene words considered a sexual harassment? 30 Answers as of May 22, 2013

On 6 August 2012, I went to my third appointment with the pain management doctor. I felt very uncomfortable being alone with him. He sent my spouse and son out to the waiting room. I need my spouse to listen to whatever my doctor has to say to me. I always had a eerie feeling when it comes to being alone with the doctor. He was telling me that his colleagues and he went out and saw the movie (DEEP THROAT), a porn movie, instead of doing his medical work. He then started to make moaning and groaning sounds. I covered my ears and said, “No, no, no, I do not want to hear that!” He thought it was funny. I need to know if I have a case. I have followed chain of command and they said they closed their investigation against him. I do not know where to go from here. Please help. I would really be upset if this were to happen to another woman! As well as I believe, there is a camera in his rooms!

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Michael Breczinski
Michael Breczinski | Michael Breczinski
Yes, that is sexual harassment. Get an attorney and sue him.
Answer Applies to: Michigan
Replied: 8/27/2012
Law Offices of John Carney
Law Offices of John Carney | John Carney
I do not know if you are being honest or telling me the whole story accurately. Even if he was stupid enough to mention watching a porn movie and made some "moaning and groaning sounds", that is probably not Aggravated Harassment, Sexual Harassment, or a crime. It would be in bad taste, unprofessional, and impolite, but not a crime or a tort. I would leave it the authorities, and if they chose not to press charges then they were not sure you told the truth or that a crime was committed. You are always free to find another doctor and it is very rare to have any professional act in such a matter. Unless her was arrested I doubt you will get anywhere with civil damages so just forget it and get a more professional doctor.
Answer Applies to: New York
Replied: 8/23/2012
Larry K. Dunn & Associates | Larry K. Dunn
Your question does not relate to criminal defense. There are State agencies which license and monitor doctors.
Answer Applies to: Nevada
Replied: 8/23/2012
Law Office of Phillip Weiser
Law Office of Phillip Weiser | Phillip L. Weiser
You may have grounds for a civil lawsuit, consult a civil attorney.
Answer Applies to: Kansas
Replied: 8/23/2012
Law Offices of Mark L. Smith
Law Offices of Mark L. Smith | Mark L. Smith
If no one is going to do anything after you complained get another doctor.
Answer Applies to: Rhode Island
Replied: 8/22/2012
    Law Office of James A Schoenberger
    Law Office of James A Schoenberger | James A Schoenberger
    Yes. You need a new doctor.
    Answer Applies to: Washington
    Replied: 8/22/2012
    Dennis Roberts, a P.C.
    Dennis Roberts, a P.C. | Dennis Roberts
    If the cops aren't interested your only recourse is to file a civil suit against him. Another idea is to put an ad in the local newspaper. Do not be too explicit or he can sue you. Say something like: "Any woman who has had an uncomfortable experience with Dr. Jones, please contact me." Even if no one responds if he sees it it will scare him into stopping this behavior. I had a similar case. My client was a lesbian who saw this doctor for a heart issue. He asked about her marital status and then had question after question about how lesbians have sex. We settled with his insurance company for about $30,000.
    Answer Applies to: California
    Replied: 8/22/2012
    Myles Hahn III Attorney at Law | Myles Hahn III
    Report it to a representative of the company (possible policy violation).
    Answer Applies to: Illinois
    Replied: 8/22/2012
    Law Office of Neal L. Weinstein
    Law Office of Neal L. Weinstein | Neal L. Weinstein
    You need to report him to the licensing bureau of physicians and you may have a sexual harassment case as well, contact the Maine Human Rights Commission.
    Answer Applies to: Maine
    Replied: 8/22/2012
    Freeborn Law Offices, P.S.
    Freeborn Law Offices, P.S. | Steve Freeborn
    Sounds like a case of sexual harassment. You need to consult with an attorney on this one.
    Answer Applies to: Washington
    Replied: 8/22/2012
    Steven Alpers | Steven Alpers
    I don't know what chain of command yoy followed. Did you report him to the Calif Medical Association or was this a clinic or hospital? You may want to go to the CMA and contact a personal injury lawyer. There are time limits so you need to act immediately.
    Answer Applies to: California
    Replied: 8/22/2012
    Dennis P. Mikko Attorney at Law | Dennis P. Mikko
    First, you should stop further treatment with this person. It sounds like there are some real boundary issues. Find another doctor. You can also file a complaint with the state licensing authority as well as the management of the practice if he is not self employed.
    Answer Applies to: Michigan
    Replied: 8/22/2012
    Nelson & Lawless
    Nelson & Lawless | Terry Nelson
    Are obscene words considered a sexual harassment? They can be. But, if this is your word versus his, you have an obvious evidence problem. You could be making it up or imagining it would be his defense. Report him to the medical board and his employer. Try to file police report and charges. Change doctors.
    Answer Applies to: California
    Replied: 8/22/2012
    James M. Osak, P.C.
    James M. Osak, P.C. | James M. Osak
    Report this to the police. Report him to Lansing.
    Answer Applies to: Michigan
    Replied: 8/22/2012
    Law Office of Richard Williams
    Law Office of Richard Williams | Richard Williams
    You should report him to the State medical Board with a formal complaint. Additionally, I would report this incident to the local law enforcement authorities.
    Answer Applies to: Alabama
    Replied: 8/22/2012
    Law office of Robert D. Scott | Robert Scott
    If he did not touch you inappropiately or propose indecent activity or use illicit sexually suggestive language, then a claim for sexual harassment would probably not lie.
    Answer Applies to: Maryland
    Replied: 8/22/2012
    Law Office of Mark Bruce
    Law Office of Mark Bruce | Mark Corwin Bruce
    Go to the police and make a report. Then talk to a medical malpractice lawyer. Then talk to the State Medical Board. This is inappropriate behavior.
    Answer Applies to: California
    Replied: 8/22/2012
    Law Office of Ronald G. Draper | Ronald G. Draper
    I'm sorry but one incident as described is not a suitable basis for a claim.
    Answer Applies to: Illinois
    Replied: 8/22/2012
    Castro, Rivera & Associates | Sandra Rivera
    Based on what you wrote it doesn't sound like a crime was committed but you certainly have the right to have your spouse present and you should insist on it. What I recommend you doing is contacting the medical board in the state you're in and lodging a complaint against him.
    Answer Applies to: Florida
    Replied: 8/22/2012
    Andersen Law PLLC
    Andersen Law PLLC | Craig Andersen
    What he is doing is professional misconduct. You should begin by filing a complaint with the Medical Quality Assurance Commission. What he is doing is discriminatory and would be sexual harassment. You should contact the EEOC and a discrimination lawyer.
    Answer Applies to: Washington
    Replied: 8/22/2012
    Barbara Fontaine, Esquire | Barbara Fontaine
    First- get another doctor! You may want to report this to the Medical Association ethics board. This is not sexual harassment as you are not an employee. This is just a gross doctor. Do make the complaint and also get another doctor.
    Answer Applies to: Rhode Island
    Replied: 8/22/2012
    Mace J. Yampolsky, LTD
    Mace J. Yampolsky, LTD | Mace Yampolsky
    They could be. Why don't you find another DR.
    Answer Applies to: Nevada
    Replied: 8/22/2012
    Mary W Craig P.C. | Mary W Craig
    If you have talked to the District Attorney about harassment charges, and the DA won't prosecute, you can either bring a civil suit against him asking for damages, or you can just let it go. Either way, find another doctor pronto.
    Answer Applies to: Alabama
    Replied: 8/22/2012
    Musilli Brennan Associates PLLC
    Musilli Brennan Associates PLLC | John F Brennan
    You have made you r complaint, now go to another doctor or clinic. His behavior is inappropriate.
    Answer Applies to: Michigan
    Replied: 8/22/2012
    MckennaLaw
    MckennaLaw | Keven A. McKenna
    Not necessarially. Call Bruce at the R.I. Health Department's Regulatory Division for MD's and file a complaint. As such it is not a law suit likely to create sufficient damages to warrant a contingency case.
    Answer Applies to: Rhode Island
    Replied: 8/22/2012
    Leonard A. Kaanta, P.C. | Leonard A. Kaanta
    Yes.
    Answer Applies to: Michigan
    Replied: 5/22/2013
    Law Office of Gregory Crain | Gregory Crain
    Yes.
    Answer Applies to: Arkansas
    Replied: 5/22/2013
    Law Office of Brendan M. Kelly
    Law Office of Brendan M. Kelly | Brendan M. Kelly
    You should just transfer you case to another doctor. Doubt you have any case against the person.
    Answer Applies to: Nebraska
    Replied: 8/22/2012
    Beaulier Law Office
    Beaulier Law Office | Maury Beaulier
    You are not employed with the physician and you can freely choose whether you use his services or not. You have no damages based on the conduct described. As a result, you are unlikely to have any viable legal action. However, you may wish to make a complaint about the physician to the clinic and choose a new doctor.
    Answer Applies to: Minnesota
    Replied: 8/22/2012
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