Sexual Abuse During Surgery: Victims’ Legal Rights

What Happens When Trust Is Broken During Surgery

When you agree to surgery, you’re placing your body, and your trust, in someone else’s hands. You're under anesthesia, completely vulnerable, and relying on trained professionals to treat you with care and respect. For most patients, that’s exactly what happens. But not always.

Some survivors wake up and realize something went terribly wrong. They might not be able to explain it at first, but they know something doesn’t feel right. Maybe it’s a strange injury, pain that can’t be explained, or a memory that doesn’t sit well. At Horn Wright, LLP, our healthcare sexual abuse attorneys have helped survivors make sense of what happened, one painful step at a time. When that trust is broken during surgery, the damage goes far beyond physical. And it’s never your fault.

What Counts as Sexual Abuse During Surgery

Sexual abuse during surgery isn’t always visible or obvious. You may not even know right away that anything happened, especially if you were sedated or unconscious. But just because you didn’t see it doesn’t mean it didn’t happen.

This kind of abuse can take different forms, including:

• Touching a patient’s body in a sexual way during or after surgery
• Performing unnecessary exams or procedures without consent
• Taking photos of a patient’s body without permission
• Leaving the patient unnecessarily exposed for extended periods
• Using medical tools or hands in inappropriate ways

It doesn’t matter whether it was a surgeon, anesthesiologist, nurse, or technician. No one has the right to violate you while you’re vulnerable. These actions are not just unethical. They are abusive. They are illegal. And they are absolutely something you can take legal action against.

How Survivors Often Discover the Abuse

Because the abuse happens while a patient is unconscious, many survivors don't find out right away. Some notice odd bruises or unexplained pain. Others hear something from a staff member, family member, or even from news reports of other patients harmed by the same provider.

There are also emotional signs, including:

• Feeling violated without knowing why
• Anxiety or panic attacks after waking up from surgery
• Avoiding follow-up care or medical settings
• Flashbacks, nightmares, or sudden fear of being touched

Your body and instincts are powerful. If something feels off, pay attention. You are allowed to ask questions, request a copy of your medical records, and get legal help to review your case. You don’t need proof to start asking.

What the Law Says About Your Rights

In New York, you have legal rights if someone assaulted you during surgery. You can pursue both criminal and civil actions. Criminal charges are handled by law enforcement and prosecutors. These cases focus on punishing the person who committed the crime.

A civil claim is different. It’s about you. It’s about what you went through, what you lost, and what you need to heal. Through a civil case, you can seek compensation for:

• Emotional trauma
• Medical treatment or therapy related to the abuse
• Lost income
• Pain and suffering

You can also ask for punitive damages, which are designed to send a message and prevent this from happening to someone else.

Who Can Be Held Responsible

Most people assume only the individual who committed the abuse is at fault. But in many cases, hospitals and surgical centers also share the blame. These facilities have a duty to screen, supervise, and investigate their staff. When they fail to act, or worse, cover up known abuse, they can and should be held accountable.

Legal responsibility might include:

• The medical professional who committed the abuse
• The hospital or clinic where the abuse occurred
• Any administrator who ignored complaints or warning signs

A lawsuit allows survivors to shine a light on not just one bad actor, but the system that allowed the abuse to happen. You have every right to ask for that accountability.

Keeping Your Identity Private in a Legal Case

If you’re thinking about coming forward, you may be worried about who will find out. That’s completely understandable. Talking about what happened can feel terrifying, especially if you fear judgment or exposure.

New York courts understand this, and survivors have several options to protect their privacy:

• You can use your initials instead of your full name
• You can ask the court to seal documents or limit access
• You can request that parts of your case be heard in private

These steps are not automatic, but your attorney can file the right motions to make sure your identity is protected from the very beginning.

How Long You Have to Act

The law gives you time, but not forever. In New York, there are specific deadlines, called statutes of limitations, that determine how long you have to file a claim. These deadlines depend on when the abuse happened, how old you were at the time, and whether the Adult Survivors Act or other special provisions apply.

Even if it’s been years, you may still have time. Special laws exist to support survivors who needed time before coming forward. If you’re unsure, ask. A consultation with an attorney can help you understand what time limits apply to your situation.

What a Sexual Abuse Attorney Can Do for You

You don’t need to know exactly what happened to speak with a lawyer. You just need to know that something felt wrong and that you want help figuring it out. That’s what we’re here for.

At Horn Wright, LLP, our team listens first. Then we act. We help:

• Review your records and gather information
• Protect your identity from public exposure
• File claims against the people and institutions involved
• Work with trauma-informed professionals to support your healing

We’ve walked this path with survivors before. We know how heavy it feels. You don’t have to carry it alone.

Government Oversight and Investigations

Beyond legal action, two state agencies in New York also have the power to investigate and take disciplinary action against abusive medical professionals.

The New York State Department of Health oversees hospitals and surgical centers. They can investigate misconduct, fine facilities, and revoke credentials.

The Office of Professional Medical Conduct focuses on individual providers. They review complaints, conduct hearings, and have the authority to suspend or revoke medical licenses if abuse is confirmed.

While these agencies don’t offer compensation, they play a critical role in making sure no one else is harmed by the same person or facility.

You Deserve to Be Heard

Sexual abuse during surgery is one of the most invasive and traumatic forms of harm a person can endure. If this happened to you, you are not to blame. You are not weak. You are not alone.

At Horn Wright, LLP, our sexual abuse attorneys believe that survivors deserve more than justice. They deserve to feel safe again. We’ll work with you every step of the way, with patience, compassion, and the strength to hold the right people accountable.

You don’t need all the answers to get started. Just one call, one question, or one conversation can begin your path forward. When you’re ready, we’re here.