Can a chiropractor be sued if I feel that I was harassed by him?

A chiropractor has inappropriately touched me more than once. I no longer go there but want to know what I should do and if I have grounds to sue him.
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Answered By: The Law Office of Josh Lamborn, P.C.
Anyone can be sued for anything, that is the short answer. The real questions is: Do you have a case worth pursuing against this chiropractor. The answer is: That depends. You have a right not to be harassed or touched inappropriately by the chiropractor. I don't know what kind of touching this chiro did or what affect it has had on you and those two variables are very important in a sexual assault / battery case. A case where a chiropractor brushed against a woman's breast more than once is a difficult case in which to prove that he did so on purpose (if he denied it) and would likely result in minimal damages (would it require counseling? How much? It depends on the individual and her circumstances). A case where the chiropractor forcibly sexually assaulted a female patient resulting in injury is easier to prove and worth more money because it could lead to more significant trauma. An attorney evaluating your case will want to hear all of the facts to try and determine if it is provable and whether it is a case worth pursuing. Civil lawsuits are about compensating the plaintiff for their damages. If there are no damages or minimal damages there is no reason to incur the cost of litigation. If there are significant damages, but the defendant has no money to pay and no insurance that will pay, there is no reason to incur the cost of litigation. Civil litigation is also a long and sometimes painful process. Cases can take years to resolve and can re-open wounds repeatedly. It takes a plaintiff with a significant amount of dedication to her cause to pursue a case and see it through to the finish. Only when all of these stars align is it worth your time to pursue a civil lawsuit against a potential defendant.

Answer Applies to: Oregon
Replied: 10/20/2011

Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.

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