Adult daughter was blatantly assaulted by physician...any recourse after the statute of limitations has passed?

Asked almost 2 years ago - Dallas, TX

My daughter sought help from a physician seven years ago and during the first (and only appointment), he sent the nurse out of the room during an evening appointment and very blatantly assaulted her while asking her, "How do you like this?" etc... She filed a police report that night and called the hospital to report him the next morning.

The police scared her by asking, "Before I do anything with this, can you face this guy in a full court and say everything that happened?" The hospital contact was, at first, compassionate, but then stated that she spoke with the legal dept and could not speak to my daughter after that.

My daughter was re-traumatized when she looked him up on the internet and saw he was still working at the same hospital. Have we any recourse at this point?

Attorney answers (4)

  1. William J. Dyer

    Contributor Level 15

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    Answered . Exact dates matter, including (and especially) the date of the assault and the date your daughter turned 18.

    I don't recommend that you be that specific, or any more specific than you've already been, even on a semi-anonymous website like Avvo.com. These are details to be explored in a direct consultation with a knowledgeable personal injury attorney (of whom there are MANY in Dallas) under the protective cloak of attorney-client privilege (which covers even direct consultations made for the purpose of evaluating your daughter's potential claims and selecting counsel).

    You're correct that there are bound to be major statute of limitations issues, but there are some special rules for minors. Don't be disappointed that you can't get a confident and complete answer over the internet, and don't let that deter you from arranging a direct consultation with someone who (armed with all the details) can give you confident and complete advice on your possible remedies. Good luck to you and your daughter.

  2. Bret A. Schnitzer

    Contributor Level 16

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    Best Answer
    chosen by asker

    Answered . unlikely that anything can be done at this time. The statute of limitations has most likely passed. She was an adult when this occurred?

    You should consult an attorney in your State at once.
  3. Stephen Neil Foster

    Contributor Level 15

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    Lawyers agree

    Answered . There are frequently things that can be done. It all depends on how old she is now and a large number of other factors.

    If you would like, I would be willing to discuss your daughter's case with you. There are ways to get around statutes of limitations but it does get harder to do as time goes on. My number is 888-725-2988. Generally, even on weekends I can talk but even if I can't, someone will take down your number and we can talk soon.

    There's absolutely no pressure to hire our firm or anything like that. I would be happy to answer any questions that you or your daughter might have.

  4. Kevin Rindler Madison

    Pro

    Contributor Level 18

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    Lawyer agrees

    Answered . My law firm specializes in these cases. We just settled a similar case last year against a Central Texas doctor who sexually molested several of his patients. I broke a case in Dallas against a board-certified gastroenterologist who sexually abused a female patient while under anesthesia. That case and several other cases of mine are on my website under the tab "In the News." My father is a retired physician and former professor of medicine but he supports my fight to expose unscrupulous and abusive doctors. I do the same with doctors, therapists, and clergy who are sexual predators. There are different statutes of limitation that may apply depending on what he did to your daughter and how old she was. The limitation periods do not even start running until the victim turns 18 years of age. Call me and I can explain further at no obligation and no cost. Please visit my website at www.kevinmadison.com. I am a former police chief and former assistant district attorney and I have 30 years of litigation experience with an "AV" rating - the highest rating awarded for ethics and competence by Martindale Hubbell Legal Directory.

    If this information has been helpful, please indicate below. I hope my information is helpful to you. If you think... more

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