A sexual battery claim is subject to if the sexual act was directly related to the manner in which professional health care services were rendered—e.g., fondling a patient’s genitalia during a gynecological exam. The tort of “sexual battery,” is predicated on an intent to cause a “sexually offensive contact” Though probably not necessary because the proscribed act is clearly an “intentional tort” the statute also expressly provides that the perpetrator “is liable” to the victim for punitive damages. “Malice” for punitive damages purposes means “conduct which is intended by the defendant to cause injury to the plaintiff OR despicable conduct which is carried on by the defendant with a willful and conscious disregard of the rights or safety of others.” For this purpose, plaintiff need not prove “evil intent” or “sinister motive.” Rather, plaintiff need only establish by clear and convincing evidence that defendant intended the consequences which were substantially certain to occur from his or her wrongful conduct. In sexual harassment, assault, battery, or “medical malpractice” suits based on improper sexual contact, defendants may be inclined to seek discovery of plaintiff’s entire sexual history. But plaintiffs do not implicitly waive their privacy interests in past sexual practices simply by filing suit. Absent an explicit showing why probing into this area is directly relevant to plaintiff’s claim and essential to its “fair resolution,” such discovery is off limits. [Vinson v. Super.Ct. (Peralta Comm. College Dist.)]. It would be best to seek personal assistance from a lawyer in order to guide you with your personal injury claim.
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