Charged with professional sexual misconduct. There is no evidence, what should I do?

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Question:

I am a dentist. A patient is claiming that I took advantage of her and sexually abused her while she was under anesthesia during a root canal. She does not have any evidence of this, but simply made baseless allegations before storming out of my office. What should I do? My practice is located in New York State.

Answer:

You should get a lawyer immediately. Professional sexual misconduct, especially doctor and dentist sexual misconduct, is taken very seriously because of the disparity in power, the element of trust, and also the element of vulnerability. There is a very strong chance that you will hear from the police, from her lawyer, from the state Department of Health, or from all three, and you face potential civil liability, sanctions on your practice (including possibly a loss of license), and potentially even jail time.

You say she does not have any evidence. While you may be surprised, even as a medical professional, at what sorts of physical evidence can be found after the briefest of contacts, let’s take your statement at face value and assume there is no physical evidence. There is still her testimony. Therefore, even if you believe her claim to be baseless or unsupported, you need to take this extremely seriously. You should not hesitate to consult with an attorney with experience in professional sexual misconduct defense.

This site does not provide legal advice and users of this site should not interpret any of the information presented here as legal advice. The information provided merely conveys general information related to commonly asked legal questions. We are not a law firm and the employees responding to questions are not acting as your legal attorney. You should ultimately consult with a Lawyer for your case.

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