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Miami-based primary care physician Dr. Jose Nabut has been accused of sexually assaulting a patient and that patient has filed a lawsuit naming the doctor, Fox Medical Center, and Physicians Associates as defendants.
According to the lawsuit, Jane Doe v. Jose Nabut M.D., Fox Medical Center, Inc. and Physicians Associates, Dr. Nabut engaged in "unlawful, harmful, and offensive sexual conduct" against the victim. Two law firms have joined together to file this lawsuit - the Florida-based firm Gordon & Partners and Pennsylvania-based Laffey, Bucci & Kent.
The 60-year-old victim, referred to as Jane Doe in the lawsuit, alleges that Dr. Nabut sexually assaulted her at his office in August of 2018. Doe says that she went to the office to pick up paperwork and that Nabut insisted that they meet privately. During this meeting, Doe says Nabut inappropriately touched her and sexually assaulted her, including digitally penetrating her vagina. This incident was immediately reported to the police.
Physicians Associates and the Fox Medical Center are named for alleged third-party negligence. According to the lawsuit, Dr. Nabut "had a known prior disciplinary record that [Physicians Assistants and Fox Medical Center] ignored." The lawsuit says that both of these parties "knew, had reason to know, or were otherwise on notice of the unlawful/inappropriate conduct of Defendant JOSE NABUT" but that both parties "failed to take reasonable steps and
failed to implement reasonable safeguards to avoid acts of unlawful sexual conduct in the future by Defendant JOSE NABUT."
Jane Doe is seeking damages in excess of $15,000 from each of the three parties named in the lawsuit and has demanded a trial by jury.
Attorney Michael Haggard specializes in representing victims of sexual assault, helping these victims fight for justice through civil lawsuits. Here are some thoughts from Michael on the legal rights of doctor sexual assault victims:
Doctors have a legal and moral obligation to provide their patients with the best possible medical care and to treat them with respect. No one should have to endure sexual harassment or sexual assault in any setting, especially in a medical one where there is trust between the doctor and patient.
When a doctor violates this trust and sexually assaults a patient, that patient may have ways to find justice through the legal system. Reporting the assault to law enforcement is important, but these victims may also have grounds for a lawsuit against the doctor, their employer, and the facility where the assault happened.
Doctors who sexually assault their patients can be held directly liable, but negligent third parties like the company the doctor works for or the medical facility where the assault happened can also be held liable. For example, a medical clinic may be held liable if they were aware of previous sexual misconduct by the doctor but failed to act on that knowledge.
If you or a loved one has been sexually assaulted by a doctor, you can learn more about your legal rights by speaking with one of our experienced sexual assault victims lawyers in a free consultation.
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