I pesonally have seen a huge change in how physicians do physical examinations the past ten (10) years. While I will not comment on whether I believe there was any misconduct (unprofessional, malpractice or even criminal), I will say that due to cases like this, physicians are AFRAID of putting their hands on patients.
I just had a women's well women exam and pap smear. The physician - Board Certified Internist and woman with a chaperone present with 10 years of experience and USC residency and medical school - did NOT insert her finger in me to see if there were any tumors or thickening or the usual. Nor did she do a breast exam on me. In addition, I had just had acute diverticulitis with bleeding from the colon (for which I was on Cipro) and she did NOT do a digital rectal. She did not even ask. Physicians are too afraid that someone will say it was for 'sexual gratification' and file a complaint.
I am very concerned about all of this. Physicians and care providers should not abuse their position. However, patients need to be educated that part of proper medical care is inserting a gloved finger in the vagina and is necessary and is part of a proper well women's exam and not just for sexual gratification. Hardly. Doctors can feel tumors, thickening of the tissues, pick up on bleeding, check the cervix, feel for endometriosis, and more (I'm not a physician and did not train as one.)
Read this article from a well-respected Gynecological Medical Practice on what to expect during a gynecological exam. The article states: "After the Pap Smear test, your health care provider will remove the speculum and perform a bimanual exam to check the health of your ovaries and uterus. This portion of the exam involves inserting a gloved and lubricated finger in to the vagina with one hand. With the other hand, they will press down on your stomach. You will feel pressure and some light discomfort is possible, but again, always tell your gynecologist how you are feeling throughout the examination."
So yes, I was shocked last month when I had a pap smear and there was no finger inserted to check out my gynecological health even though the female internist had a chaperone. (The Gynecologist under investigation had a chaperone always but that did not seem to protect him so physicians are using his case as a reason to do substandard defensive medicine.)
Physicians are scared. Guess what, there are some weird doctors out there but the overwhelmingly vast majority are good competent doctors who get no sexual arousal from putting their finger in a mid-50s white woman lawyer (me). Am I going to complain about the doctor who did not do the job she should? No. Sadly, most of the physicians are doing the same but I am hoping to educate physicians and the administrators to please not give into the fear and educate patients.
Please, let's be smart on how we respond to allegations. Please find out the facts. Please understand the medicine. And let's not scare all the doctors from doing good medicine.
Posted by Tracy Green, Esq.
Green and Associates, Attorneys at Law
