Doctor Found Guilty of Sexually Assaulting Patient Sentenced to Probation

[adventure_rn, MSN, NP]

Has anybody else heard about this story? Such an awful situation.

Former Ben Taub doctor accused of raping patient testifies sex was consensual - Houston Chronicle

Many surprised at sentence for ex-Baylor doctor who raped a Houston hospital patient - Houston Chronicle

More than anything, I was horrified by the defense attorney's justification for the act:

"Here we have this Latina woman with her fake boobs that came onto that little nerdy middle-aged guy, and he lost his mind."

I can't imagine anyone thinking that would be a reasonable justification for a healthcare provider to have any sexual relation with a patient, let alone sexually assaulting a patient who is sedated and inherently lacks the capacity to consent or resist.

The case has highlighted the vulnerability and powerlessness that many patients feel in the healthcare setting, as well as the power differential between providers and patients.

Interestingly, the prosecutor argued that the physician should have gotten prison time (the maximum sentence) rather than probation because "we hold doctors to a higher standard." As healthcare providers, and consequently as trusted members of the community, I do feel that we should be held to a higher standard when it comes to engaging with vulnerable populations.

Although not serving jail time, this physician will serve probation, has to register as a sex offender, and has lost his license.

[caliotter3]

I was reading your post to find the sentence where you said he lost his license. Probation for rape?

[Sour Lemon]

Has anybody else heard about this story? Such an awful situation.

Former Ben Taub doctor accused of raping patient testifies sex was consensual - Houston Chronicle

Many surprised at sentence for ex-Baylor doctor who raped a Houston hospital patient - Houston Chronicle

More than anything, I was horrified by the defense attorney's justification for the act:

I can't imagine anyone thinking that would be a reasonable justification for a healthcare provider to have any sexual relation with a patient, let alone sexually assaulting a patient who is sedated and inherently lacks the capacity to consent or resist.

The case has highlighted the vulnerability and powerlessness that many patients feel in the healthcare setting, as well as the power differential between providers and patients.

Interestingly, the prosecutor argued that the physician should have gotten prison time (the maximum sentence) rather than probation because "we hold doctors to a higher standard." As healthcare providers, and consequently as trusted members of the community, I do feel that we should be held to a higher standard when it comes to engaging with vulnerable populations.

Although not serving jail time, this physician will serve probation, has to register as a sex offender, and has lost his license.

I honestly don't know what to think. Both of their accounts are bizarre.

[adventure_rn, MSN, NP]

I honestly don't know what to think. Both of their accounts are bizarre.

I agree. I also don't really understand how the DNA from the rape kit indicated that he was 'likely' the perpetrator. I didn't think DNA evidence could be inconclusive in that way (not that it matters, since he admitted to having intercourse with the patient).

I guess my biggest issue is that consensual or not, I can't imagine a healthcare worker finding it remotely appropriate to have sex with a patient in the hospital, even if that patient had been throwing him- or herself at you and the sex was consensual (as the defense in claiming). It sounds like something that would happen on Grey's Anatomy...

I was reading your post to find the sentence where you said he lost his license. Probation for rape?

Yes, which I think is why people are upset about the sentencing. Apparently the jail time would have been two to twenty years. From what I understand, the defense argued that he should get the maximum sentence because he was a healthcare provider entrusted to care for a patient in an inherently vulnerable situation.