USC has recently come under scrutiny for its handling of the allegations against Dr. George Tyndall, the sole gynecologist at the university’s School Health Center. Not only has the school acted inappropriately in its treatment of the doctor, but it has waited years to take action, with the current choices to terminate two top administrators spurring questions. Victims of Dr. Tyndall stated that he routinely performed inappropriate exams and made lewd remarks; although many of the victims reported the actions to those in charge, Dr. Tyndall suffered little to no repercussions. He was, at one point, placed on paid leave for a year, but was able to return to the University and retain his position.
USC has stated that its administration should have been more proactive in handling the situation, whether by not allowing the doctor to return to his post or by reporting him to the state medical board, which conducts independent investigations on problematic medical professionals. The immediate supervisor of Dr. Tyndall died a few years ago, and the reasoning for the decisions could not be discerned.
As of now, there have been no criminal charges filed against Dr. Tyndall, as per the LAPD. There have also been no attempts to sue USC hospital. However, there are avenues available for other forms of compensation, namely with personal injury lawsuits and negligence claims.
Our attorneys at Normandie Law Firm in Los Angeles have experience with litigating sexual harassment lawsuits and similar claims, and we are here to help all victims who have been harmed by Dr. Tyndall. Call our law offices today to set up a free consultation with one of our expert lawyers and to learn more about how to take legal action.
What Kind of Legal Rights Do I Have?
As a patient of a doctor, you have certain rights that must be respected. You cannot be victimized by the doctor or have any actions performed on you without your consent (unless the actions are crucial to saving your life and you are unable to provide consent). In the case of Dr. Tyndall’s patients, there was never an emergency severe enough to warrant not receiving consent for certain examinations. In fact, independent investigation showed that his actions were outside the realm of acceptable behavior; using his fingers to conduct preliminary examinations and making inappropriate statements to patients are actions that no reasonable doctor would participate in. Doctors must absolutely not commit any rape, sexual misconduct, unlawful touching, or inappropriate behavior on their patients.
If you were violated while under the care of a doctor, you could sue for medical malpractice. In order to do so, you must be able to prove that the doctor acted in a negligent manner that any other doctor in the same position would not have. You must show that you were in a doctor/patient relationship as well, which is true if you paid for medical services or set up an appointment with Tyndall. The doctor must have breached his duty of care to you and caused you an injury that resulted in physical harm. Although a negligent doctor can claim that sexual assault may not explicitly result in physical harm, you can still take legal action.
For assistance filing a lawsuit, contact one of our expert attorneys at Normandie Law Firm. We are here for victims of sexual assault at the gynecologist’s office and can bring you the compensation you deserve.
What Kind of Lawsuit Can I File?
As a victim of sexual assault by a medical professional, you can elect to file a medical malpractice suit, as discussed above, or an assault and battery tort. There is no singular claim that encompasses sexual assault, so your best choice is assault and battery. Additionally, you may be able to join a class action lawsuit, which will include numerous other plaintiffs who were victims of sexual assault committed by Dr. Tyndall.
These claims are different from criminal charges, which require you to report the crime to the police and for the government to prosecute the defendant. A criminal lawsuit can result in jail time, while a civil claim cannot.
Moreover, you may be able to file a lawsuit against USC for its negligent behavior and lack of initiative in dealing with the allegations. By allowing Dr. Tyndall to continue to practice, USC permitted more assaults to occur. Their choice to not terminate Dr. Tyndall or report him to the medical board can be used as a basis for a negligent supervision claim, as they would be blamed for being complicit in the acts.
If you wish to file a civil claim of sexual assault or medical malpractice against Dr. Tyndall, contact our Los Angeles law offices today. You can be linked with an empathetic attorney who will be more than willing to listen to your claim and inform you about what kind of lawsuit you should file.
How Long Do I Have to File a Lawsuit?
You should be aware that there is a statute of limitations in place if you wish to take legal action against Dr. Tyndall. Generally, personal injury claims based on negligence must be filed within two years of the injury or discovery of the injury. Medical malpractice claims must be filed within one year of the discovery of the damages or three years after the incident took place. This means that assaults that happened more than three years ago would not be able to be used as grounds for lawsuits unless there are retroactive suspensions of the statute of limitations.
Some of the suspensions include you being under the age of eighteen at the time of the incident, which would make the statute of limitations not begin until you turn legal age; the defendant leaving the state or the country, which would cause the statute to be halted until her returns; or if you were mentally incapable of taking legal action.
A notable exception to the statute of limitations is a class action lawsuit: by joining a class action lawsuit against Dr. Tyndall, the statute of limitations on your case will be tolled. Class action claims are filed on behalf of numerous plaintiffs, many of whom have claims dating back years. It would be problematic for courts to split these claims up and handle each separately, so a long list of torts can be used in a lawsuit.
You should take care to act as quickly as possible if you wish to pursue legal action. An experienced attorney at Normandie Law Firm can help you file a lawsuit within the allotted time.
What Can I Receive by Filing a Claim?
A sexual assault claim can garner you various types of compensation for your damages. Perhaps the most often-awarded damages are non-economic in nature, meaning they are not medical bills or property damage. The pain and suffering that you undergo can be multiplied and meted out; for example, any instances of fear, anxiety, PTSD, emotional trauma, mental stress, and more can be taken care of and paid for. Further, Dr. Tyndall can be struck with punitive damages, which are additional types of monetary compensation handed out when the defendant acted with gross negligence or the intent to cause harm to the victim. Repeated sexual assault falls under the term of intent to cause harm.
A class-action lawsuit that is spread out amongst numerous plaintiffs has a higher chance of succeeding due to the larger amount of evidence present. However, the compensation can thus be reduced because it will be spread among a larger number of recipients.
If you need to sue the doctor for inappropriate touching or inappropriate remarks, get in touch with our sexual misconduct attorneys in Los Angeles today.
What Can I Expect from Normandie Law Firm?
When you come to Normandie Law Firm, you will be treated with respect, dignity, and care. Our empathetic lawyers are here to ensure that our clients are healthy and safe, and we promise to do everything we can to keep you that way. We will strive to bring you a fair settlement for any injuries and suffering you sustained at the hands of Dr. Tyndall or the negligent behavior of USC. If we are not satisfied with the offer, we will take your case to court.
You can set up a free legal consultation with a Los Angeles attorney to discuss your case and the possible routes to compensation. All consultations are completely confidential; your personal details, identity, or case circumstances will not be shared outside of our offices. We will also inform you about our zero fee guarantee, which promises that you will never pay any out of pocket expenses for our services – we will only be paid if we win your case, and the money will come from the settlement we win. If we lose, you owe us nothing at all.
If you have been victimized by Dr. Tyndall and wish to sue him or USC for sexual misconduct, call a sexual harassment lawyer at Normandie Law Firm today.
