Introduction of the Protect Patients from Healthcare Abuse Act
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Survivors stories are heard in medical chaperone patient protection bill. |
Spurred by lawsuits and testimony of patients who say they were sexually abused by their doctors, a new bill introduced in Congress this week proposes national standards to protect patients during sensitive medical exams by requiring medical chaperones.
Representatives Lori Trahan (D-MA-03), James McGovern (D-MA-02), and Debbie Dingell (D-MI-06) unveiled the Protect Patients from Healthcare Abuse Act, addressing systemic gaps that have allowed physician sexual misconduct to persist for decades, often without accountability.
The legislation follows reporting detailing failures by hospitals and medical boards to act on complaints of sexual abuse in clinical settings, by Dr. Derrick Todd, a Massachusetts rheumatologist accused by more than 200 patients of performing unnecessary and invasive pelvic and breast exams without proper consent. Despite years of complaints, Todd allegedly continued to treat patients at multiple institutions, including Brigham and Women’s Hospital and Beth Israel Deaconess Medical Center, before his medical license was suspended.
“Patients should never have to fear abuse in the exam room,” said Congresswoman Trahan. “The women who came forward to expose the sexual abuse they suffered at the hands of their physician showed extraordinary courage and made it impossible to ignore how badly the system failed to protect them.”
Closing a Dangerous Gap
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| Attorney William J. Thompson |
Currently, policies around chaperones, consent, and patient rights vary widely across states and hospitals. Some states require a chaperone to be offered during sensitive exams; others leave the decision entirely to individual providers. Many patients are never informed that they can request one.
The Protect Patients from Healthcare Abuse Act would establish consistent, enforceable federal standards for all providers participating in Medicare. Specifically, it would require:
- Patient rights notification: Providers must give adult patients or their lawful surrogates written notice of their rights, including the right to be informed of their health status, to participate in planning their care, to provide informed consent before any service or procedure, and to request a trained chaperone during sensitive procedures.
- Informed consent standards: The bill defines “informed consent” as the patient’s understanding of the risks, benefits, and alternatives of a service or procedure. Providers must ensure patients are fully informed before care is delivered.
- Access to trained chaperones: Upon request, providers must make a trained chaperone available during any sensitive procedure.
- Chaperone training requirements: Providers must train appropriate staff on how to protect patients’ rights leading up to and during sensitive procedures.
- Clear definition of “sensitive procedures”: A sensitive procedure includes any exam, surgery, or procedure involving the genitalia, breasts, perianal region, or rectum, as well as any procedure the patient considers sensitive.
A bill requiring medical chaperones was introduced earlier this year at the state level in Massachusetts.
Patients’ Voices Are Heard
For survivors like Rory McCarthy, the bill represents a chance to prevent others from enduring what she and so many others have suffered.
“This chaperone bill is long overdue and critical to protecting patients,” McCarthy said. “Being a patient is one of the most vulnerable positions one can be in. The oath to ‘do no harm’ has been broken on a mass scale. I believe this law would have prevented me and many others from carrying the burden and shame that comes with being labeled a victim.”
Sophia Marsden, another survivor of Dr. Todd’s alleged abuse, said she hopes Congress will act swiftly. “This is common-sense legislation,” she said. “People shouldn’t have to choose between receiving high-quality healthcare and their personal safety. Some hospitals have already implemented chaperone policies, but it’s not enough without federal standards.”
Bridget Skerry, a nurse and survivor of sexual abuse by a healthcare professional, emphasized the bill’s potential to rebuild trust. “Having a chaperone present during sensitive medical examinations is a critical standard of care,” she said. “This bill can transform medical practice by creating an environment where patients feel secure and providers are safeguarded.”
For more information, see the bill sponsor’s news release.
Lubin & Meyer represents individuals and families in Massachusetts, New Hampshire and Rhode Island.
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