Updated

Updated · Bloomberg Law · Jul 2

California Court Denies Doctor's Liability Shield Bid Over Patient Touching Claims

Updated

Updated · Bloomberg Law · Jul 2

California Court Denies Doctor's Liability Shield Bid Over Patient Touching Claims

1 articles · Updated · Bloomberg Law · Jul 2

A California federal district court refused to certify that a doctor's alleged inappropriate touching of female patients during exams fell within his job duties at Dixon Family Practice.
The ruling blocks his bid for protection under the Federal Employees Liability Reform and Tort Compensation Act because the court found alleged sexual misconduct lies outside employment under California respondeat superior law.
The decision centers on whether the conduct was job-related, and the court held that patient sexual misconduct cannot be treated as an act within the scope of employment.