The Atlanta Journal-Constitution

Doctors crossing line should face swift sanctions

- By Marian Hollingswo­rth and Eric Andrist Marian Hollingswo­rth is a patient safety advocate living near San Diego. Eric Andrist is a patient safety advocate in Los Angeles.

We are raised to have the ultimate respect for those in the medical profession. The idea of a doctor harming a patient comes as a surprise to most people, let alone one being charged with sexual misconduct.

Sometimes, though, doctors take advantage of their position in society — and get away with it.

Even as patient safety advocates, we had no idea how widespread this problem was until we obtained a list of more than 4,000 cases of sexual assaults by doctors nationwide. We were constantly shocked as we realized the sheer audacity and arrogance of these doctors who were brought up on charges of sexual abuse. Through these cases, we found some interestin­g patterns that were repeated in other states. Many of the offending doctors appeared to prey on the poor and those in small towns with high immigrant population­s — people who are not as likely to file complaints for fear of losing medical treatment.

The most shocking pattern we found is that doctors are often treated differentl­y from regular citizens when it comes to sexual assault, especially when medical boards investigat­e.

For example, if a teacher or police officer is accused of sexual misconduct, they are immediatel­y removed from the job and investigat­ed. If found guilty, they serve time, and are never allowed back in that position again.

That’s not always the case when a medical board investigat­es a physician for sexual misconduct. Most boards are not required to inform police when they receive these complaints, so often no criminal charges are filed. A doctor can be quietly investigat­ed by a medical board while remaining in practice. If found responsibl­e, he can be put on probation discreetly, without ever having to inform his patients.

Even if a medical board revokes a license for egregious sexual misconduct, that doctor can just walk away and never face criminal charges. He can apply for reinstatem­ent within a few years.

Medical boards were created by law to protect the public, not to harbor dangerous physicians. The Georgia Composite Medical Board received 1,550 complaints last year, but only levied 50 public sanctions. The nature of complaints and sanctions is not made public, so patients must look up their own doctors on the board website to check their records.

Doctors are used to being put on a pedestal. It’s that arrogance that often leads them to believe they can get away with almost anything, knowing that their colleagues on the medical boards will protect them.

However, when it comes to sexual assault, doctors should be held accountabl­e like any other citizen. In fact, the punishment should be more severe since physicians take an oath to do no harm.

The hurt and betrayal inflicted from an assault cannot be cured with a pill or operation. Shattered trust is irreparabl­e. Doctors who cross the line should meet with swift and strong sanctions, as well as criminal prosecutio­n.

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