The decision revives a lawsuit filed by 94 women who said their OB-GYN sexually abused them. Previously, a lower court determined that the actions they alleged had to be treated as medical malpractice.
    • @I_Fart_GlitterEnglish
      111•4 months ago

      This is a good ruling. Weird title. The first judge this case was brought before said that they couldn’t claim sexual assault, only medical malpractice because they were seeking medical care when it happened.

      This ruling says sexual assault is sexual assault, even in the context of a doctor’s appointment. You wouldn’t think we need to clarify that, but here we are.

      Medical malpractice suits are almost never successful, so being free to get out from under that umbrella is progress. Sad that this is still only a civil case, I would want a criminal case as well. He deserves prison and not just a fine.

      • VulKendovEnglish
        10•4 months ago

        Ruling it as sexual abuse should open up a path for a criminal case as well.

        Edit: he is being charged and is currently being investigated

    • @seaQueueEnglish
      32•4 months ago

      Welcome to the US court system

      • FlashMobOfOneEnglish
        15•4 months ago

        Yup. The esteemed justice system that brought you the gay panic defense and affluenza, because it’s too much to expect that the actual law be honored when there’s a chance to exercise cruelty.

        • CruxifuxEnglish
          2•2 months ago

          Yeah, the “he’s too rich to be responsible for his own actions” defence was wild and I hate everyone involved in it almost as much as I hate the fact that it worked.

  • ϻеƌųʂɑEnglish
    58•4 months ago

    Doctors used to perform “pelvic exams” on unconscious women all the time without their knowledge or consent. Totally legit practice back in the day.

    • @breakingcupsEnglish
      42•4 months ago

      You say that as if that practice has been abandoned

        • @TriflingToadEnglish
          36•4 months ago

          A recent survey of 101 medical students from seven American medical schools found that 92% had performed a pelvic exam on anesthetized female patients, 61% of whom reported not having explicit consent from the patients.

          Double fuck

          • @islesEnglish
            1•4 months ago

            I was always suspicious of male OB/GYN, it seems like an unusual specialty to choose for purely altruistic reasons.

      • ϻеƌųʂɑEnglish
        11•4 months ago

        Abandoned? Definitely not. It’s just not as “acceptable” these days. (Grew up with family member OB/GYN from the 1950s and was definitely the type to do that shit)