VENTURA, CALIFORNIA (December 18, 2022) – An Oxnard dentist identified as Dr. Fariborz Farnad is being accused of sexually assaulting an unconscious patient at Oxnard Oral and Facial Surgery.
The Ventura County District Attorney held a preliminary hearing on Monday, December 12, 2022. Dr. Fariborz Farnad was accused of felony sexual battery on a patient under anaesthesia while working at Oxnard Oral and Facial Surgery.
An arraignment for the charges is set to begin on January 27, 2023. Dr. Fariborz Farnad is facing up to four years in prison if he is convicted.
He is currently out on a $20,000 bond. More information about the arraignment should come out in the following weeks.
Liability For Sexual Assaults By Medical Professionals
Sexual assaults perpetrated by dentists and other medical professionals is much more common than most people may realize. According to a study in the Society of General Internal Medicine, “the U.S. National Practitioner Data Bank (NPDB) showed that from January 2003 through September 2013, 862 physicians had state licensing disciplinary actions because of sexual misconduct, totaling 974 such actions.” Sexual assaults by dentists and other medical professionals can largely be prevented when the right safety precautions are put in place.
- All staff for a medical or dental office should undergo a background check.
- Dentists and physicians should be properly monitored especially when patients are under anaesthesia.
- Any suspected instance of sexual assault should be properly reported.
- Dentists and physicians should go through a sexual violence and sexual harassment prevention program.
It is illegal for doctors and dentists to sexually assault their patients. Pursuant to California Penal Code § 243.4, “Any person who touches an intimate part of another person who is institutionalized for medical treatment and who is seriously disabled or medically incapacitated, if the touching is against the will of the person touched, and if the touching is for the purpose of sexual arousal, sexual gratification, or sexual abuse, is guilty of sexual battery.” A medical professional or their employer could also face civil liability for any instance of sexual abuse.
The dental office that a dentist worked for could be liable for sexual abuse if they engaged in the negligent hiring or supervision of the person who abused a patient. When a doctor’s employer created a particular hazard or risk to patients, this could form the basis of a negligence claim. See, for example, Doe v. Capital Cities (1996). There are several elements that must be demonstrated in a negligent hiring claim against any dental office.
- The dentist was not fit for their job.
- The dentist’s employer knew or should have known that the dentist pose a risk to patients.
- The dentist harmed one of their patients.
- The employer’s negligent hiring, supervision or training was a substantial element in causing harm to the patient.
Sexual assault is one of the most difficult things that most people will ever go through. Victims of sexual assaults often suffer from long-term psychological trauma and are more susceptible to many negative long-term health outcomes. Any person that is the victim of sexual assault may be able to seek some measure of justice through a civil claim. Damages in a civil claim can help cover many of the expenses that come from the trauma caused by sexual abuse. A Los Angeles County sexual abuse attorney can examine all of the unique facts of your case and let you know what your legal options are.
Investigating A Sexual Assault By A Medical Professional
We at the Carrillo Law Firm, LLP extend our best wishes to the unnamed person in the Ventura County District Attorney press release. The accusations made by the district attorney and the traumatized victim are disturbing to say the least. If there are any other victims, they should strongly consider coming forward and speaking with the Ventura County District Attorney.
Have you or someone that you care about been sexually abused by a dental or medical professional? There are a number of laws designed to protect your rights. Our team of sexual abuse attorneys are here to help in any way that we can. We care deeply that victims are aware of their rights and that those rights are being protected. whether you just have legal questions or need any type of assistance we are here for you. You can reach out to us anytime at 626-799-9375.