California Department of Corrections and Rehabilitation Faces Lawsuit After Prison Gynecologist, Dr Scott Lee, Accused of Sexual Misconduct

LOS ANGELES, CALIFORNIA (February 11, 20224) – A prison gynecologist identified as Dr Scott Lee and the California Department of Corrections and Rehabilitation are facing a lawsuit over sexual abuse.

Six women have come forward and said that they were the victims of sexual violence at the hands of Dr Scott Lee. According to the lawsuit, the misconduct took place between 2016 and 2023.

One attorney described the defendant as a sexual predator who acted as a medical doctor and was allowed to abuse patients. There were allegedly numerous complaints by prisoners against the doctor, but those were ignored.

A full investigation into the actions of Dr Scott Lee remains ongoing.

 

Legal Considerations for Sexual Abuse Under the Guise of Medicine

Sexual abuse involving physicians in the United States remains much more common than many people may realize. According to the National Institutes of Health, “A 1998 study identified 567 U.S. physicians who were disciplined by state medical boards from 1981 through 1996 for sex-related offenses (including sexual intercourse, rape, sexual molestation, and sexual favors for drugs), 75% of which involved patients.” There are a number of groups that are more vulnerable to sexual abuse at the hands of medical doctors.

  • Patients with cognitive disabilities
  • Patients with physical disabilities
  • Patients who are children
  • Patients who are women
  • Patients who are incarcerated

It is illegal for any doctor to sexually abuse patients under the guise of medicine. Pursuant to California Penal Code § 243.4(c), a doctor is guilty of sexual battery by fraudulent representation if they trick a patient into believing that some type of sexual abuse is for a legitimate medical purpose. This could include numerous forms of misconduct. For example, doctors may coerce a patient into taking their clothes off when this was not necessary. Doctors have also touched the intimate parts of patients when this was not needed for a particular medical exam.

Jails have a legal obligation to protect inmates from reasonably foreseeable sources of harm. This includes protecting them from sexual abuse at the hands of the physicians and medical staff that they hire. When a jail has actual or constructive notice that a physician poses a risk of sexual abuse to prisoners, they must take action. If a jail fails to protect inmates from sexual abuse at the hands of a physician, they could be liable through a negligent retention claim. There are several elements that must be demonstrated in a negligent retention claim involving a doctor.

  • The doctor was unfit for their job or posed an unreasonable risk of danger to patients.
  • The jail knew or should’ve known about the danger that the doctor posed.
  • The unfit nature of the doctor caused harm to the patients.
  • The jail’s negligent hiring or retention was a substantial factor in causing the harm.

Sexual assaults in a medical setting almost never happen out of the blue. By the time any doctor is arrested or facing a lawsuit for sexual abuse, there are often numerous red flags that are missed. It is also common for there to be several victims. Abuse at the hands of a physician can have far-reaching implications for a person’s life. Survivors are more likely to suffer numerous psychological injuries, such as depression, anxiety, and post-traumatic stress disorder. Any person that is sexually abused in a jail or prison may be able to seek some measure of accountability through a civil claim.

Investigating Sexual Abuse by Medical Professionals

We at the Sehat Law Firm extend our best wishes to all of the women who have been impacted by the actions of Dr Scott Lee. There needs to be a thorough investigation into all of the alleged misconduct that took place. Any person that may have more information should reach out to the police. It is our sincere hope that steps are taken to prevent similar incidents going forward.

Have you or someone that you care about been sexually abused by a medical professional while incarcerated in California? Our team of civil rights attorneys is here to help in any way that we can. We care deeply that abuse victims are aware of their rights and that those rights are being protected. Whether you just have legal questions or need any type of support, we are here for you. You can reach out to our office anytime at (949) 825-5200.

 

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