OCTOBER 12, 2023

Since 1999, more than 2,400 doctors across the United States have been subject to public disciplinary actions for sexual allegations made against them by their patients, highlighting a growing concern that is sweeping across our country. If we cannot trust our doctors to look out for our health and well-being, who can we trust?

Although many medical providers remain committed to providing quality and trusted care to patients, we are seeing more and more individuals come forward with reports of abuse that they have experienced. Over the past few months, multiple complaints have been made against Dr. Derrick Todd, a former doctor in Massachusetts.

Former Brigham Hospital Physician Accused of Conducting Improper Pelvic and Breast Examinations

More than a dozen patients have come forward to file complaints against Dr. Derrick Todd, a former rheumatologist and internist at the Brigham and Women’s Faulkner Hospital in the Boston area.

In July 2023, two anonymous complaints were filed against Dr. Todd, alleging that he performed medically unnecessary breast and pelvic exams on patients. The reports prompted the launch of an immediate investigation into Todd’s conduct. As the investigations unfolded, Dr. Todd was placed on leave and ultimately terminated from his position at the end of July.

The complaints, which were filed with the state Department of Public Health, identified both complainants as physicians. After Todd’s resignation from Brigham and Women’s Faulkner Hospital, two of his former patients came forward expressing their concern about breast examinations that Dr. Todd performed on them. A third patient then emerged, expressing concern over repeated pelvic examinations. At least one of the patients was reportedly as young as 18 years old when the alleged abuse occurred.

Multiple other patients have since come forward, stating that Dr. Todd convinced them that he should perform their gynecological examinations. After convincing the patients that he should be their internal medicine doctor, he performed vaginal examinations and breast examinations on them.

Reports show that in September 2023, Todd signed a voluntary agreement to stop practicing medicine in Massachusetts and other states. However, the agreement does not acknowledge or admit any wrongdoing.

Dr. Derrick Todd Facing Medical Malpractice Claims

Records show that, in addition to facing potential charges for sexual misconduct due to his actions as a rheumatologist at the Brigham and Women’s Faulkner Hospital in Boston, Dr. Derrick Todd is now the defendant in a medical malpractice lawsuit that was filed on September 29, 2023, in Middlesex Superior Court.

The complaint further names Brigham and Women’s Faulkner Hospital, where Todd worked as the chief of clinical rheumatology, and Charles River Medical Associates, where he was employed as a primary care doctor and rheumatologist. Dr. Derrick Todd is reported to be currently cooperating with the Board of Registration in Medicine.

A statement provided by Dr. Charles Morris, the Chief Medical Officer and Senior Vice President of Medical Affairs at Brigham and Women’s Hospital, stated that the facility deeply regrets the harm that has been caused to its patients and families. The hospital says that it remains committed to focusing on patient care.

Subjecting Patients to Unnecessary Pelvic and Breast Exams

Patients of Dr. Todd have reported being subjected to pelvic and breast exams that were not medically necessary. The reality is that pelvic and breast exams are highly personal and invasive procedures. Conducting them without a valid medical purpose is a serious invasion of a patient’s bodily autonomy and privacy.

These patients were groomed for months and ultimately may have felt coerced or manipulated into undergoing these exams due to the power dynamic between them and their medical provider. If your doctor tells you that you need a particular exam, it can be difficult to go against their advice in the moment, even if something doesn’t feel right to you. You have every reason to trust your doctor to have your best interests at heart. Doctors are well aware of this great responsibility and are expected to conduct themselves with the utmost integrity at all times.

In addition, informed consent is a fundamental principle of medical ethics. Patients have the right to be fully informed about any medical procedure, including its purpose, potential risks, and alternatives. Performing exams without obtaining informed consent violates this critical ethical principle. There are multiple reports that Dr. Todd did not obtain appropriate, if any at all, informed consent.

When a medical professional performs an exam on a patient that is not necessary, it is essential for patients to be aware of their rights. There may be legal recourse available for you, and the first step is to reach out to our firm for help.

Always remember that any form of sexual abuse or misconduct by a medical provider is completely unacceptable and unethical. Patients have the right to receive medical care in a safe, respectful, and dignified manner, and medical professionals should adhere at all times to strict ethical standards and legal regulations to ensure patients’ well-being and trust.

If you or someone you know has experienced such misconduct, particularly by Dr. Derrick Todd, we urge you to call our office immediately.  We can help you get justice and make change to create a safer environment for all patients, especially women. Here at Justice Law Collaborative, we have been helping victims of sexual abuse get the justice they deserve for many years, and we want to help you too. We will listen to your story and fight tirelessly to ensure those who have harmed you are held accountable.

Acts of Sexual Assault or Misconduct Often Go Unreported

It is normal for women who have experienced sexual abuse or assault in the past to fear coming forward. In fact, studies show that there are likely far more cases happening every year than what get reported. There are several reasons why these acts go unreported, including:

• Many survivors feel that the abuser will not be held accountable since their act may not be perceived to constitute sexual assault or misconduct if it was seemingly non-violent in nature. In reality, physical abuse is not a prerequisite for a sexual assault case, and you can still come forward.

• There is a lack of public awareness regarding what constitutes sexual abuse within medical offices or examination rooms, leaving patients unsure if they experienced abuse legally at all.

• The definition of “non-consent” is often misunderstood. Survivors may not explicitly say “no” due to shock or fear, leading to misconceptions about consent.

• Abuse survivors often fear retaliation or being labeled negatively in the public eye. However, coming forward anonymously is allowed and always recommended over not coming forward at all.

• Fear of having to face the abuser. Survivors do not ever have to face or even be in the same room as their abuser. 

The most important reason why sexual misconduct by doctors and other medical professionals should always be reported is because it helps create a safer environment for everyone. Making sure this does not happen to another woman is often most paramount to survivors of any abuse. In Dr. Derrick Todd’s case, he was taking advantage of patients as young as 18 years old.

We must protect our fellow women of all ages from enduring abuse at the hands of someone we are supposed to be able to trust with our most personal and intimate healthcare needs. As an abuse survivor, you have the power to make a difference.

Not only does coming forward help to protect your own rights, but it can also prevent another woman or child from being victimized in the future. If you find yourself in this position, you don’t have to go through this alone. Our firm will be by your side every step of the way, helping you navigate your journey of taking a stand against abuse. We are a woman-owned team of fierce sexual abuse lawyers ready to fight for you. We can help you not only receive compensation for what you have endured, but also make sure your voice is heard.

The Importance of Taking Legal Action

At Justice Law Collaborative, we know that it is vital for survivors to come forward and take action against their abusers. That is why we do everything in our power to make sure you feel comfortable and supported in coming forward. There are many important reasons why it is beneficial for anyone abused by Derrick Todd to come forward. A lawsuit for sexual abuse and misconduct will help to ensure all of the following:

• Justice and Accountability: One of the main reasons for pursuing a civil lawsuit is to hold the doctors accountable for their actions. This type of action allows survivors to seek justice and obtain a legal remedy for the harm that they have been forced to endure.

• Access to Support Services: Engaging in a civil lawsuit connects survivors with support services that can help make the process of moving forward a little easier. This can include access to therapy and counseling, which can help them understand better and cope with the trauma they have experienced.

• Raising Awareness: Civil lawsuits can also raise public awareness of the issue of sexual misconduct by medical professionals. This increased attention can lead to improvements in regulations, policies, and oversight within the medical industry, which can go a long way in helping to prevent future incidents.

• Institutional Accountability: In some cases, the medical institution where the doctor worked may also be held liable for failing to adequately address or prevent misconduct. Civil lawsuits can help to ensure that institutions take the necessary measures to protect patients and prevent such incidents in the future.

• Preventing Future Abuse: Taking legal action against a doctor who has engaged in sexual misconduct helps to stop others from being harmed by that doctor in the future. These lawsuits can lead to the revocation of the doctor’s medical license so they can no longer practice medicine at all. In some instances, criminal charges may follow civil cases, further ensuring that perpetrators are held criminally accountable for their actions and kept out of the healthcare arena for good.

You Can Remain Anonymous

States recognize that a lot of women fail to come forward to report abuse because they don’t want to be named. Contrary to popular belief, when filing a lawsuit against your abuser, you will never have to provide your name to the public. When the case goes to court, most states allow all survivors to be addressed as “Jane Doe” or “John Doe” to avoid the media identifying them.

In cases where there are multiple survivors involved in legal actions against their abusers, their names will still be kept private in the lawsuit documents. This ensures that your confidentiality is protected at all times. There are many benefits to allowing abuse to be reported anonymously, including:

• Protection from Retaliation: Anonymity shields survivors from potential retaliation by the accused or their supporters. In many cases, survivors fear being harmed if their identity becomes public, especially if the alleged abuser holds a position of power or influence in the community. Reporting anonymously removes this possibility entirely.

• Reduced Emotional Stress: Maintaining anonymity can significantly reduce the emotional stress and anxiety experienced by survivors during this challenging time. You will be able to participate actively in legal proceedings without the added pressure of public scrutiny or judgment.

• More Survivors Come Forward: Knowing they can report anonymously encourages survivors to come forward and report instances of sexual abuse that they might otherwise never disclose. Knowing that their identity will be protected makes survivors more willing to share their experiences, which is crucial for building cases against perpetrators. The more people that come forward, the stronger the case will be against the accused.

• Focus on the Case: Anonymity allows the legal process to focus on the facts of the case rather than on the personal lives of the survivors. This can lead to a more impartial and fair evaluation of the evidence and allegations.

If you received care in the past from Dr. Derrick Todd, and you believe that you were subjected to a breast examination, pelvic examination, or anything else that was not medically necessary, we strongly encourage you to come forward. Our team at Justice Law Collaborative is committed to protecting women by providing compassionate, strong legal representation in a trauma informed way. You can trust us to protect your identity and ensure you get justice for what you have had to endure.

No Upfront Costs for Our Team to Represent You

Attorneys with Justice Law Collaborative and Peiffer Wolf Carr Kane Conway & Wise (Peiffer Wolf) are working together to protect the rights of patients who have been subjected to misconduct by Dr. Todd. Our team is ready to fight, and we are encouraging women to reach out as soon as possible. The more women come forward, the stronger case we will have.

You will not be asked to pay any legal fees right now. We will work on the case against Dr. Todd on contingency, meaning you only pay for our fees when compensation is ultimately secured for you and the others who come forward with allegations. This ensures that you have access to compassionate and skilled legal representation without having to worry about the costs.

Our commitment is to ensure that all patients that were subjected to abuse by Dr. Derrick Todd have the legal representation they deserve without the added stress of up-front costs. We are here ready to fight for you and we can get started as soon as you pick up the phone and call. As women, we must always be willing to speak out against sexual abuse and misconduct. We are so much stronger when we stand together and refuse to back down.

Our Compassion Makes the Difference

The Justice Law Collaborative is committed to taking a trauma-informed approach in advocating for each one of our clients. We operate our firm according to five fundamental principles to ensure survivors feel respected, dignified, and in control. At every step of the legal process, we are committed to ensuring:

• Safety: We prioritize the safety of each individual client by creating an environment where you can feel safe and secure throughout the legal process.

• Trustworthiness: We establish trust with our clients. We truly recognize the importance of harnessing a trusting attorney-client relationship that promotes both healing and justice.

• Choice: We respect our clients’ autonomy and choices. We always recognize that you have the right to make decisions about your case and your healing journey.

• Collaboration: We work collaboratively by acknowledging that our clients’ input is incredibly valuable in the pursuit of justice.

• Empowerment: Our legal advocates at Justice Law Collaborative aim to empower each of our clients, not only in court but also in their broader healing process. We are committed to offering each client additional support, such as referrals to therapists, assistance with administrative hearings, and coordination with law enforcement. We address each client’s individual needs with a customized approach to help foster healing and a feeling of empowerment.

Our approach extends beyond legal representation. It is deeply rooted in a genuine concern for our clients’ well-being and recovery, ultimately empowering them in their pursuit of justice. By pursuing justice for every client, we help make the world a safer place for women everywhere.

The Justice Law Collaborative is committed to offering you the experience, compassion, and dedication you deserve. We will attentively listen to your needs, tirelessly pursue justice on your behalf, and ensure that those responsible for any harm are held accountable.

Experience that Matters

The Co-Founder/Partner of Justice Law Collaborative, Kim Dougherty, Esq, led her team to represent survivors of abuse in a lawsuit against Larry Nassar, a former USA Gymnastics and Michigan State University doctor, who was found guilty of sexually abusing hundreds of young female athletes by pretending that his actions were part of the medical treatment that they required.

This high-profile case plunged the issue of sexual abuse into the national spotlight, highlighting that it would not be tolerated in the sports industry or anywhere else. This case allowed survivors to share their experiences, demonstrating incredible courage and giving strength to the movement against sexual abuse. Their willingness to speak out not only empowered other survivors to do the same, but also inspired discussions all over the country about the importance of supporting and believing in survivors. Importantly, it also ensured that Nassar was held accountable for his actions.

This case was truly pivotal in the national conversation about sexual abuse against women. It empowered survivors, held abusers accountable, and prompted important cultural discussions about preventing future abuse and ensuring justice for victims.

Unfortunately, while we have taken many steps in the right direction, sexual abuse against women continues to happen. We see many similarities between Nassar and Todd. Both used their positions of power and authority to take advantage of women in their care.

Given the fact that Dr. Todd spent nearly 15 years providing medical care for patients, there could be hundreds of women of all ages that may have been subjected to inappropriate examinations and other misconduct.

Speaking up is one of the best things that you can do to regain your power, foster your own healing, ensure your abuser is held accountable for their actions, and help keep other women safe.

Contact Justice Law Collaborative Today

The unfortunate truth is that sexual abuse can take many forms, and when it happens at the hands of a trusted medical professional, it can be especially confusing and traumatizing. We want you to know that you are not alone, and your feelings are valid.

Whether it involved inappropriate touching, invasive examinations, or any other form of abuse or misconduct, what happened to you is entirely unacceptable.

You have the right to seek help, speak your truth, and hold those responsible accountable for their actions. You are not defined by what happened to you, and there is so much hope for recovery and empowerment. If you or a loved one has experienced harm at the hands of Dr. Derrick Todd, we are ready to help you right now.

With our compassionate advocates by your side, we will work tirelessly to investigate your case and stand by your side throughout the legal process. Don’t wait any longer to take legal action.

Reach out to our team at Justice Law Collaborative right away by calling (508) 230-2700 to schedule a confidential review of your case. Together, we can fight back against sexual abuse and begin the journey of healing.

Kim Dougherty, Co-Founder of Justice Law Collaborative, LLC

Power is defined as the capacity or ability to direct or influence the behavior of others or the course of events. For far too long, power has been in the hands of perpetrators of abuse. Perpetrators who not only prey on the vulnerable, but use their power to exploit even the strongest among us. They instill fear in an attempt to keep victims silent. And it’s been working. For a long, long time.

Every 73 seconds someone in the United States is sexually assaulted and 99% of the perpetrators of sexual violence walk free. 

In the words of Haile Selassie, “[t]hroughout history, it has been the inaction of those who could have acted; the indifference of those who should have known better; the silence of the voice of justice when it mattered most; that made it possible for evil to triumph.” It’s time to raise our voices, say “no more” and end this culture of sexual violence.

No longer will perpetrators and complicit bystanders hold the power to silence and hide the devastation they have caused. The power dynamic is shifting at this very moment. Feelings of fear and isolation are morphing into strength and hope. Victims are taking back the power and ending their silence. Many are doing so by filing lawsuits against the perpetrator and others who had the ability and obligation to intervene, but instead, turned a blind eye.

Some survivors may be intrigued by the idea of bringing a lawsuit to effectuate this cultural change, but feel discouraged by challenges they foresee to taking legal action. Through our representation of victims, we have learned that there are common misconceptions that initially keep people from pursuing a lawsuit. Here are the most prevalent concerns and how our firm responds:

•  Many believe that they have to have absolute proof and mountains of evidence of the sexual violence – In a civil lawsuit, your testimony is evidence, and unlike in criminal cases, the burden of proof only requires that more than 50% of the evidence points in favor of proving your claims.  

• People worry that their time to bring a lawsuit has passed – Many states, like Massachusetts, have lengthy timeframes in which to bring a sexual assault case, particularly when the abuse occurs when one is a minor. A lawyer can assist with this legal analysis and others addressed here. Various states have recently passed laws, or have laws pending, that extend the statute of limitations for sexual assault case.

•  Some are concerned about retaliation through the perpetrator suing them – any claim by a perpetrator to take action is an intimidation tactic. In order for a person to bring a defamation suit, the claims made by the victim have to be false. In addition, the law also allows victims to bring retaliation claims if the perpetrator, for example, fires the victim when she or he speaks out.

• People also worry about their name being in the public view – several states allow sexual assault lawsuits to be brought in pseudonym, for example, as Jane Doe or John Doe, as opposed to under the survivor’s name. There are also other avenues to protecting confidential information in the litigation with protective orders.

Lawsuits can serve an important role in ending the culture of sexual assault. It provides the means to send the message that sexual violence is unacceptable, and that wrongdoers will be held accountable. This message should ring loud and clear in courthouses across the nation – victims of sexual assault deserve vindication and justice. After all, “human progress is neither automatic nor inevitable…every step toward the goal of justice requires sacrifice…the tireless exertions and passionate concern of dedicated individuals,” we are committed to this pursuit of justice so eloquently described by Martin Luther King, Jr.

Join Justice Law Collaborative, LLC in our effort to end sexual violence.

Author: Kim Dougherty, Esq

Kim Dougherty, a lawyer with a Masters in Social Work, is a Co-Founder of Justice Law Collaborative, LLC. Kim has many years of experience as a women’s rights advocate and is committed to representing victims of sexual violence. She has litigated and resolved cases on behalf of women who have been harmed and lectures regularly across the country on women’s rights and gender equity. As a past President of the Women’s Bar Association of Massachusetts, Kim testified on many bills affecting women’s rights, including bills to end discrimination and promote pay equity, bills to protect pregnant workers and women at risk of genital mutilation, among others. She has also volunteered to represent women pro bono in domestic violence cases. Kim and all of her colleagues at Justice Law Collaborative, LLC strongly believe that the power now rests in you. They are actively representing people hurt by sexual violence and intend to right the wrongs committed for decades.