Sexual Assault in the Medical Field

Throughout the years, there have been numerous incidents of sexual assault across multiple levels in the medical field. For example, studies have shown that nurses and residents, particularly women, face high rates of sexual harassment and assault from colleagues. In certain countries, more than a staggering 50% of nurses have reported facing some form of sexual harassment at work.

Understanding the Contributing Factors and Their Far-Reaching Impact

There are several causes to blame for the high rate of sexual assault in the medical field. We need to understand the "why" behind this. Some of the main reasons are:

• Power Disparity

  Doctors have a lot of trust and authority, which can be misused. The junior staff, on the other hand, may not feel empowered to report misuse..

  
  

• Gender Imbalance

  Male dominance can lead to cultures in which harassment is minimized or underreported.

  
  

• Cultural Silence There's a longstanding culture in medicine of enduring mistreatment for the sake of career progression. This then leads to victims not speaking up after the incident

  
  

• Patient Vulnerability Patients are physically and emotionally vulnerable in the hands of practitioners and are therefore vulnerable to boundary violations as well. Furthermore, in states like India, the cultural shame causes patients to feel ashamed and fearful and discourages them from reporting abuse.

The impact of such an occurrence can be quite severe, both on the victims and on the organizations where the incident occurs. The victims, for example, can suffer from PTSD, depression, anxiety, and interruption of their careers because most nurses and medical interns will cease working after harassment. The impact on organizations, however, is damage to reputation, legal costs, and employee turnover when such a transgression occurs.

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Severe Cases of Patient Exploitation

In the United States, Dr. Larry Nassar, a former USA Gymnastics team physician, was found guilty of sexually abusing hundreds of young athletes. He would pose under false pretences, like talking about 'legitimate treatments', to then assault girls.

Similarly, the case of Dr. Nikita Levy, where the Johns Hopkins Hospital gynaecologist secretly recorded more than 9,000 women during intimate exams, revealed a horrific invasion of privacy, which cost the hospital a significant $190 million settlement.

In 2022, at a private hospital in Bengaluru, a woman was reportedly molested by a 45-year-old doctor while he was conducting a COVID-19 swab test. The victim was semi-conscious as she suffered from a pre-existing medical condition. Because of this, she was only aware of the assault after gaining full consciousness. Fortunately, the doctor was arrested under 2 laws(section 354 and 376 of the IPS)

These events, whether highly publicized or locally reported, serve as wake-up calls for the necessity of greater vigilance and accountability in the healthcare system.

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Addressing the Crisis: Institutional and Legal Responses

Although the issue is still serious, significant measures have been taken to improve safety and responsibility due to the rise in concerns. This entails the creation of new policies, reporting mechanisms, and educational programs:

• Hospital Policies The majority of hospitals today possess anti-harassment training, reporting systems(e.g., hotlines), and compliance offices. However, it is not always being enforced in all departments and levels, which can diminish its effectiveness.

  
  

• Licensing Boards Medical boards can revoke licenses once the guilty party has been identified. However, a lack of transparency exists, making it difficult to properly track accountability.

  
  

• Recent Developments Strong movements like #MeToo have led to various positive trends, including the implementation of confidential reporting systems. Even other implementations, like informed consent legislated before performing an intimate exam, have been implemented.

  
  

• Chaperone Policies More hospitals require having a third party present for intimate examination, which introduces a new level of protection for the patient and greater accountability for the practitioner

  
  

• Education in Ethics Medical schools increasingly train practitioners in consent, patient autonomy, and gender sensitivity to enable more respectful communication between the patient and practitioner.

In India, particular laws such as Section 354 of the IPC (Assault or criminal force to a woman with intent to outrage her modesty) and the POCSO Act are often applied for sexual harassment cases; however, due to underreporting and issues during investigations, their implementation is not always effective.

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Conclusion

To conclude, sexual assault in the medical field is an issue that affects both healthcare professionals and patients. Although few actions have been taken, such as the implementation of new policies and laws, we must address crucial factors such as greater transparency and survivor-centered approaches to make the medical field a safer place for all.

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By Writer Neil Jadhav and Researcher Savarnika Roy