Editors Note: This story contains descriptions of sexual assault. If you need support with an experience of sexual assault you can call WEAVE’s 24 Hour Support & Information Line: 916-920-2952 or the National Sexual Assault Hotline at 800-656-HOPE (4673). Calls are free and confidential.
Three women are suing a Dixon medical clinic for ignoring their complaints that a physician sexually assaulted them during their appointments. The incident highlights the difficulties of navigating a situation when a patient feels their doctor might be touching them inappropriately.
The lawsuit, filed last month, details the experiences of the three women, who all say their breasts were touched inappropriately by Dr. Andy Yongde Zhu during their appointments at Dixon Family Practice.
One woman, Tara, said she was 26 in 2014 when she went to the doctor for a refill of her anxiety medication. Both the lawsuit and a Medical Board of California complaint detail what happened next to Tara, who is referred to as Jane Doe 1.
During the appointment, Zhu conducted a physical exam, and, without asking Tara to change into a hospital gown or giving any explanation, he “put his hand inside her tank top shirt and inside her bra and cupped and squeezed her breast for several seconds,” the complaint says. He then had her lay down and he repeated the action. The complaint says no chaperone was present, and Tara was shocked and left the room as soon as possible.
“Defendant ZHU's medical record for this appointment contains no description of any breast examination or any medical justification for touching Jane Doe 1 's breasts,” the complaint alleges.
Tara said although she knew something was wrong, she didn’t immediately report the incident to the clinic. Instead, she booked a follow-up appointment for a month later with a female provider. During that appointment, she told the provider what happened with Zhu.
“I was just completely dismissed. I believe her exact words to me were ‘I wasn't there. I don't know what happened.’ And I honestly couldn't even believe it,” said Tara. “It's like she didn't want to get involved.”
Tara said if the staff at Dixon Family Practice had listened to her after it happened then she would have filed a police report, and thinks it would not have happened to other people.
The parent company of Dixon Family Practice, Community Medical Centers, wrote in a statement: “Maintaining a safe environment for both staff and patients has always been, and will continue to be, Community Medical Centers, Inc.’s (“CMC”) priority. However, as this is a pending lawsuit, CMC cannot comment on specific allegations at this time.”
The civil suit is happening in conjunction with an assessment of whether Zhu, who still has his medical license and can practice medicine, deserves to keep that license. After completing an investigation, the medical board referred the case to the state Attorney General, who filed a formal complaint against Zhu in August.
Zhu, who no longer works for Dixon Family Practice, could not be reached for comment.
Zhu requested a hearing, which has been scheduled in the Office of Administrative Hearings for May 2024. Unless he files to renew his license, it technically expires on March 31, 2024.
Navigating the doctor-patient relationship is complicated. We asked experts what people should do if they find themselves in a situation where they feel they may have been touched inappropriately:
How do I know if what happened was or wasn’t okay?
Physical examinations often include touching of sensitive areas, where doctors explain clearly what they are doing and for what medical reason they are doing it.
However, according to the California Medical Board: “Any contact between a physician and a patient of a sexual nature is sexual misconduct. This includes nonconsensual contact, such as contact with an intimate part of the patient’s body outside the standard of care, and criminal conduct. This also includes any consensual sexual relationships between physicians and their patients.”
The standard of care is how another “reasonable and prudent physician” would conduct themselves in the same situation.
What measures are in place to make sure sexual misconduct doesn’t happen in a medical setting?
One of the main ways to guard against situations like these is for there to be a chaperone in the room.
The American Medical Association says “efforts to provide a comfortable and considerate atmosphere for the patient and the physician are part of respecting patients’ dignity,” in their guidance on chaperones.
A chaperone can be a witness to the exam, corroborate accounts, and help clear up miscommunication. The AMA advises that doctors should make sure patients know they are free to request a chaperone.
The American Academy of Pediatrics recommends that a chaperone be present for any sensitive exams for adolescents or young adults.
What are clinics responsible for doing when they receive a report of sexual misconduct?
If clinics receive a written report of sexual misconduct, they need to report it to the medical board within 15 days.
If they fail to report to the medical board, according to a law passed in 2019, they could be fined tens of thousands of dollars.
What should you do if you think there was sexual misconduct?
If you feel there was sexual misconduct during your appointment, you have options.
One important thing to do is to collect evidence: write down what happened and how it made you feel, and tell someone else. If something happened that left a physical mark, take photos.
“If there is any evidence, let's try to get that because that's the thing that's going to go away,” said Beth Hassett, CEO of WEAVE, an organization that provides support to sexual assault survivors.
People in this situation can call WEAVE’s 24 Hour Support & Information Line: 916-920-2952 or the National Sexual Assault Hotline at 800-656-HOPE (4673) for advice on what to do to preserve evidence after an assault and where they can go to have a Sexual Assault Evidence Kit, or rape kit exam, administered for free, if that’s necessary.
If you want to have the complaint lodged with the clinic, you should report it there. You can also report directly to the medical board (and the medical board recommends you do so, even if you also report to the clinic).
“Try as many options available in order to make sure that we as the board and others have all the information that they need,” said Aaron Bone, chief of legislation and public affairs for the medical board. “That way the investigations can be conducted and discipline can be taken on that individual if we can find the evidence necessary to do so.”
Hassett said you should keep in mind, “there are repercussions no matter what course you take,” and people should understand that their account will be questioned thoroughly.
“It's going to feel like people don't believe you and you just need to be prepared for that,” she said. That said, she emphasized that by reporting, you may be interrupting a pattern of similar behavior by the perpetrator.
What should you do if someone else tells you about sexual misconduct at a doctor’s office?
Hassett said the number one thing you can do is respond empathetically and not blame the patient. “I urge people to … say ‘thank you for telling me; that must have been really hard for you to go through and hard to share with me.’
“I think the wrong thing to do is to ask them what they were wearing or what they did or what their role was in it because that's what they're afraid is gonna happen,” she said.
Hassett also advises helping to connect someone with resources, like emotional support phone lines and free counseling at WEAVE, and supporting them with whether they want to report it or not.
“It's really important that the victims feel like they have a choice in this — that nobody's telling them what they have to do and that they're picking the path that they honestly, emotionally can handle,” she said.
How much time do I have to report a case of sexual misconduct in a medical setting?
Thanks to a 2019 law, victims of sexual assault in California have 10 years from when the incident occurred to file a civil case against the perpetrator.
However, if someone wants the medical board to investigate their case, and possibly suspend or revoke the license of the doctor, they have less than seven years to report it.
The medical board must file an accusation within three years of the date the board is first notified of the incident or seven years from the date of the incident, whichever occurs first.
This is the basis behind the board’s “Don’t Wait, File a Complaint!” effort. The board says a typical investigation takes approximately 1-1.5 years, so if an incident is reported more than 5.5 years after the fact, it may not result in a formal accusation.
