A Richmond, Virginia, jury ruled in favor of three women, who alleged they were sexually abused while patients at Cumberland Hospital for Children and Adolescents in New Kent, Virginia, by Daniel Davidow, M.D., the hospital's longtime medical director. The plaintiffs, three former patients, alleged that Davidow inappropriately touched them during femoral pulse exams.
The award total is $300 million in damages. The Richmond Circuit Court jury awarded each woman $60 million in compensatory damages and $40 million in punitive damages.
A total of 46 former patients have sued Dr. Davidow and the Cumberland Hospital for Children and Adolescents in New Kent, which treats vulnerable children. https://www.claimsjournal.com/news/national/2024/10/01/326574.htm (Oct. 01, 2024).
Commentary
According to the above cited source:
Davidow's attorney, Bob Donnelly, told the jury during opening statements that Davidow "unequivocally denies" the sexual assault allegations. Donnelly said the femoral pulse exam conducted by Davidow dates back to the 1960s and 1970s and is a "standard examination."
The femoral pulse exam is a clinical procedure that assesses the blood flow in the femoral artery, which can be located on the body near the groin. This exam is important for detecting any abnormalities in blood flow, which could indicate vascular issues. https://angiologist.com/lower-extremity-pulse-examination/
It is presumed that the allegations are that the doctor performed the exam differently than what is standard medical practice and improperly touched the patients' groins for sexual gratification.
The takeaway is that examination of the groin area or other private parts creates a risk for claims of sexual abuse.
To counter such claims, it is important to conduct such exams in a standardized manner; never touch genitalia near the groin; provide a full explanation of the exam and seek approval of the patient before performing the exam; and have a witness present to protect the patient and the person performing the exam. The alternative is to perform a different type of exam, if medically feasible.
