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Case 1

What adverse / disciplinary actions might ensue?

Answer

A licensed PT charged with (accused of) sexual misconduct may face (1) private review of his or her conduct by a prosecutor, with possible follow-on (4) criminal action, (2) legal, and (3) administrative.

Private review & legal actions

  • if offence is considered serious, the government may prosecute (criminal action) on behalf of the victim; a panel of jury may find the PT guilty of the offence.
  • if the government decides not to prosecute, the patient / alleged victim may file an intentional-tort (civil action) health care malpractice lawsuit against the PT; a civil court judge may find the PT liable for his/her actions.

Administrative actions

  • the Physiotherapists Board may take administrative action - for possible adverse licensure action for alleged serious misconduct; and
  • a professional association judicial committee for a possible breach of professional ethics, with potential sanctionsc affecting the PT's membership in the professional association.

The case illustrates code 4 (p8)"Abuse of professional position in order to further an improper association or commit adulteryˇ¨. As the case involved a minor, if proven true, then PT has committed indecent behavior or assault/battery against the patient. The PT has committed a trespass to the person (Dimond, p60). Trespass occurs when an individual either apprehends a touching of the person - assault, or is actually touched - battery when s/he has not given consent.

A patient's expressed or implied consent to be touched or palpated during a health-related physical examination would operate as a legitimate defense to an alleged offence of battery. Expert testimony in such a case might focus on whether the PT's palpation fell within or exceeded the reasonable scope of an examination under customary practice standards. (Scott p58).

Health care-related sexual battery is defined as intentional and nonconsensual touching of a patient by a HCP with the specific intent to arouse or gratify the sexual desires of either party, or carried out for the purpose of otherwise sexually abusing the patient-victim.

Health care-related sexual assault is defined as reasonable apprehension or anticipation by the patient-victim of an impending sexual battery.

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