Abused by a Doctor: Your Legal Rights in California

If a doctor or other medical provider touched you sexually, examined you without a medical reason, or used your treatment for sexual purposes, California law treats that as sexual abuse, not a medical mistake. You may be able to bring a civil claim for money damages, report the provider to the licensing board, and support a criminal case. Each path is separate.

People who look this up often are not sure whether what happened "counts." Many survivors do not connect a medical appointment with a legal claim until years later. California law anticipates that, and it does not require anyone to have spoken up at the time.

What "Abused by a Doctor" Means Under California Law

Sexual abuse by a physician is a different legal category from medical malpractice. Malpractice is negligence: a provider who fails to meet the standard of care by mistake. Sexual abuse is intentional wrongdoing. The rules, deadlines and defenses that apply to malpractice cases are not the same ones that apply to sexual abuse and sexual assault claims.

The relationship itself carries legal weight. A patient undresses, answers private questions and accepts touching because the patient trusts the provider to act only for the patient's care. The law describes a relationship like this as fiduciary (one in which one person is bound to act in the other's interest, not their own).

California's licensing law addresses this directly. Business and Professions Code § 726 provides:

"The commission of any act of sexual abuse, misconduct, or relations with a patient, client, or customer constitutes unprofessional conduct and grounds for disciplinary action for any person licensed under this division..."

"Unprofessional conduct" is the legal term for behavior that allows a licensing board to discipline a licensee, which can include suspension or revocation of a license. The statute contains a narrow exception for consensual contact with a spouse or domestic partner during non-psychotherapeutic treatment.

A separate statute, Business and Professions Code § 729, makes sexual contact with a patient or client a crime when committed by a physician and surgeon, psychotherapist, research psychoanalyst, student research psychoanalyst, or alcohol and drug abuse counselor, including a person holding themselves out as one. The statute states that consent of the patient or client is never a defense.

Civil liability (legal responsibility to pay money damages to the person harmed) is a third layer. A criminal case and a civil claim are independent: one can exist without the other.

Examples of Abuse in a Medical Setting

Examples that commonly form the basis of claims include:

• Genital, breast or rectal examinations performed without a clinical reason or without proper consent
• Sexual touching during an examination that the provider described as medically necessary
• Sexual comments, requests for sexual favors, or showing a patient sexual material
• Offering prescriptions or favorable treatment in exchange for sexual contact
• Photographing or recording a patient's body without consent

The conduct does not need to be called rape or assault to be legally actionable. California's sexual battery statute, for example, specifically covers touching where the person did not understand the nature of the act because the provider "fraudulently represented that the touching served a professional purpose."

Abuse is also not limited to physicians. Claims arise against nurses, physical therapists, chiropractors, psychiatrists, psychologists, therapists and other licensed providers. Different licensing boards oversee different professions, but the civil claim works in a similar way across them.

California's Legal Framework: Civil Claims, Criminal Law, and the Medical Board

Three systems respond to abuse by a medical provider, and a survivor can use one, two, all three, or none.

The civil system. A civil case is a lawsuit brought by the survivor (the plaintiff) to recover compensation for harm. The survivor decides whether to file and whether to settle. A civil claim can name the provider and, in some cases, the hospital, clinic, medical group or employer. Institutions may be liable under theories such as negligent hiring, negligent supervision or negligent retention (failing to screen, monitor or remove a provider when the institution knew or should have known of a risk). Our guide to institutional sexual abuse explains these theories further.

The criminal system. A criminal case is brought by the district attorney on behalf of the State of California. Depending on the facts, laws that may apply include Penal Code § 243.4 (sexual battery), California's rape statutes, and the § 729 offense described above. In a criminal case, the survivor is a witness, not a party, and does not control whether charges are filed or how the case ends. The differences are set out in more detail in civil vs. criminal cases.

The licensing system. The Medical Board of California licenses and disciplines physicians. A complaint can lead to an investigation and discipline, but the Board does not award money to patients.

A civil claim does not depend on criminal charges being filed, and California's adult sexual assault deadline statute states that no criminal prosecution or conviction is necessary.

Time Limits for Filing a Civil Claim in California

A statute of limitations is the deadline for filing a lawsuit. For abuse by a medical provider, the deadline depends on the survivor's age at the time, the date of the abuse, and in some cases the date the harm was discovered. The full picture is in our guide to the California sexual abuse statute of limitations.

Abuse that happened before age 18. Code of Civil Procedure § 340.1 now begins: "There is no time limit for the commencement of any of the following actions for recovery of damages suffered as a result of childhood sexual assault." That rule applies only to abuse occurring on or after January 1, 2024. For abuse on or before December 31, 2023, the earlier rule continues to govern: a claim may be filed until the survivor's 40th birthday, or within five years of discovering the harm, whichever is later. The three-year revival window created by AB 218 (2019) closed on December 31, 2022, and no later law revived claims that were already time-barred. Section 340.1 also allows up to treble (triple) damages against a defendant proven to have covered up the abuse of a minor.

Abuse that happened at 18 or older. Code of Civil Procedure § 340.16 sets the deadline at the later of 10 years from the last act of sexual assault, or three years from when the survivor discovered or reasonably should have discovered that an injury resulted. The same section revives otherwise time-barred claims for sexual assault occurring on or after January 1, 2009. Those claims may be filed until December 31, 2026. The only claims excluded are those litigated to finality, or settled in a written agreement, before January 1, 2023. More on adult claims is in our page on adult sexual assault.

The discovery rule. This is the principle that the clock may start from when a survivor knew, or reasonably should have known, that the abuse caused harm. It matters in medical cases because a patient may not have understood at the time that an exam was not legitimate.

Institutions and public entities. If the provider worked for a public hospital or government agency, the first step is establishing whether the defendant is a local public entity or the State, because different rules apply to each. For childhood abuse claims, California law generally does not require a claim to be presented to a local public entity before filing suit.

When the institution is not yet known. In delayed-discovery cases, a survivor often knows the provider's name but not which clinic, hospital, medical group or employer was responsible for hiring or supervising that provider at the time. Identifying those potential defendants, and how they fit into a filing that has to be made within the applicable deadline, is part of what an attorney reviews in a specific case.

Which deadline applies to a particular person can only be determined by reviewing the specific dates and facts in a confidential consultation.

Reporting to the Medical Board of California

The Medical Board of California accepts complaints online, by mail, or by phone; current procedures are published at mbc.ca.gov. The same site offers a license lookup showing a physician's license status and any public disciplinary record.

• A Board complaint is separate from a civil lawsuit, and filing one does not require an attorney.
• The Board investigates unprofessional conduct, including conduct described in § 726, and can suspend or revoke a license.
• The Board disciplines licensees. It does not award compensation to survivors.
• Board outcomes vary by case, and investigations can take considerable time.
• Filing a complaint does not start, pause or extend the civil statute of limitations.
• A survivor is not required to file a Board complaint before pursuing a civil claim.

Providers who are not physicians, such as nurses, psychologists or chiropractors, are overseen by their own California licensing boards.

Support Resources for Survivors in California

A survivor can use any combination of these resources, in any order.

• RAINN National Sexual Assault Hotline: 1-800-656-HOPE (4673), confidential and available 24 hours a day.
• California Coalition Against Sexual Assault (CALCASA): a statewide network that connects survivors with local rape crisis centers across California, at calcasa.org.
• California Victim Compensation Board (CalVCB): may help pay for medical care, counseling and other costs for survivors of violent crimes, including sexual assault, at victims.ca.gov. It does not require a lawsuit or a criminal conviction, though eligibility requirements apply.
• State Bar of California Lawyer Referral Service: information on certified referral services is available at calbar.ca.gov.
• California Courts Self-Help Guide: general information about civil cases at selfhelp.courts.ca.gov.

What to Expect When You Speak with an Attorney

A first consultation is a confidential conversation. California law generally protects what a person tells an attorney while seeking legal advice, even if the person decides not to hire that attorney. How privacy is protected later, including filing under a pseudonym such as Jane Doe, is covered in confidentiality in abuse claims.

A police report, a Medical Board complaint, medical records and other documents are not required to ask a question.

The attorney typically asks about the general nature of what happened, roughly when it occurred, the survivor's age at the time, and who the provider was or where they practiced. These questions identify which laws and deadlines apply. A survivor can decline any question.

Civil sexual abuse cases are commonly handled on a contingency fee basis. That means the attorney is paid a percentage of any recovery rather than charging upfront, and the terms are set out in a written agreement before any work begins.

Justice for Survivors focuses on civil claims for survivors of sexual abuse by medical and other professional providers in California. The firm does not handle criminal defense, immigration, or general personal injury matters unrelated to abuse.

If You Have Questions, Privately

A survivor of abuse by a medical provider may have the right to pursue a civil claim in California, and options may exist even when the abuse happened many years ago, because California has extended and revived deadlines for both childhood and adult claims.

A confidential case review looks at which deadline applies, whether a clinic, hospital or employer may also be responsible, and what the civil process would involve. It is free, it carries no obligation, and nothing needs to be organized first. No one has to describe what happened in order to ask. A question can come by phone or through this website, whichever feels safest.

To ask a private attorney what this means for your situation, call Justice for Survivors at (866) 694-1630 for a confidential case review.