In Texas, sexual assault by a healthcare provider is both a criminal offense and grounds for a civil lawsuit. Victims have the legal right to pursue compensation for various damages, including medical expenses, lost wages, emotional distress, and pain and suffering.

• Texas Penal Code § 22.011 defines sexual assault and establishes the legal consequences for perpetrators, which can include significant prison time and fines.

• Texas Civil Practice and Remedies Code § 16.003 sets the statute of limitations for filing a personal injury lawsuit, including cases of sexual assault, at two years from the date of the incident. This means you have a limited time to take legal action.

‍

The Impact of Sexual Assault in Healthcare Settings

Sexual assault in medical settings is particularly egregious due to the inherent trust placed in healthcare professionals. Patients often find themselves in vulnerable positions during medical examinations, making any breach of professional conduct a severe violation.

‍

Common scenarios may include:

• Inappropriate touching during examinations.
• Unwarranted or excessive physical contact.
• Coerced sexual acts under the guise of medical procedures.
• Sexual comments or propositions.

‍

Why You Need Experienced Legal Representation

Navigating the complexities of a sexual assault case against a medical professional requires specialized legal expertise. These cases often involve intricate legal, medical, and ethical considerations.

‍

Our Commitment to You:

• Confidential and Compassionate Support: We understand the sensitivity of these matters and ensure all communications are handled with the utmost confidentiality.
• Thorough Investigation: Our team conducts an in-depth investigation, gathering all necessary evidence, including medical records, witness statements, and expert testimonies.
• Aggressive Advocacy: We are relentless in pursuing justice on your behalf, aiming to secure the maximum compensation you deserve.
• No Fees Unless We Win: We operate on a contingency fee basis, meaning you owe us nothing unless we secure a settlement or verdict for you.

1. Initial Consultation:

• Confidential Discussion: We'll listen to your story, answer your questions, and advise you on the best course of action.
• Case Evaluation: We'll assess the merits of your case based on the information provided.

‍

2. Investigation:

• Evidence Collection: Gathering medical records, incident reports, and any other relevant documentation.
• Expert Consultation: Collaborating with medical and legal experts to strengthen your case.

‍

3. Filing the Lawsuit:

• Complaint Preparation: Drafting and filing the legal documents necessary to initiate the lawsuit.
• Serving the Defendant: Notifying the accused party of the legal action.

‍

4. Discovery Phase:

• Information Exchange: Both sides request and exchange information pertinent to the case.
• Depositions: Formal interviews conducted under oath.

‍

5. Negotiation and Settlement:

• Settlement Discussions: Attempting to reach a fair settlement without going to trial.
• Mediation: A neutral third party may assist in facilitating an agreement.

‍

6. Trial (If Necessary):

• Court Proceedings: Presenting the case before a judge or jury.
• Verdict and Judgment: Awaiting the court's decision and the determination of damages.

‍

‍Potential Compensation

‍Victims of sexual assault by a medical professional may be entitled to various forms of compensation, including:

‍Economic Damages:  

• Medical expenses (past and future).  
• Lost wages and loss of earning capacity.  
• Therapy and counseling costs.

‍

‍Non-Economic Damages:  

• Pain and suffering.  
• Emotional distress.  
• Loss of enjoyment of life.

‍

‍Punitive Damages:

‍In cases of gross negligence or malicious intent, the court may award additional damages to punish the offender.

‍

‍Statute of Limitations: Act Now

‍Time is of the essence in these cases. The Texas statute of limitations imposes strict deadlines for filing a lawsuit. Failing to act within this period can forfeit your right to seek justice.

• Criminal Charges: While criminal proceedings are handled by the state, your cooperation and timely reporting can be crucial.
• Civil Lawsuits: For personal injury claims, including sexual assault, you generally have two years from the date of the incident to file a lawsuit. Exceptions may apply, so it's important to consult with an attorney promptly.

‍

‍Protecting Your Privacy

‍We recognize the courage it takes to come forward. Rest assured, we prioritize your privacy and will take all necessary steps to protect your identity throughout the legal process.

‍

‍Community Support and Resources

‍In addition to legal representation, we can connect you with local resources to aid in your recovery:

• El Paso Center Against Sexual and Family Violence: Offers support services, counseling, and advocacy. Website
• Texas Association Against Sexual Assault: Provides resources and support networks statewide. Website

‍

‍Frequently Asked Questions‍

1. What if I don't want to press criminal charges?

• You have the option to pursue a civil lawsuit independently of criminal proceedings. A civil case focuses on compensating you for your losses rather than penalizing the perpetrator.

‍

2. Can I remain anonymous during the legal process?

• While complete anonymity may be challenging in legal proceedings, we can file motions to protect your identity and keep certain information confidential.

‍

3. What if the assault happened some time ago?

• Even if time has passed, you may still have legal options. Contact us to discuss the specifics of your situation.