Do You Have a Case Against a Doctor When Her Assistant Licks Your Toes?

The New York Personal Injury Lawyer Blog tipped me off to an article in the Chicago Tribune last week about a patient who filed a lawsuit against her eye doctor and his assistant alleging that the patient’s toes were licked during her eye exam by the doctor’s assistant in Skokie, Illinois.

Apparently, the Plaintiff went to get an eye exam. The doctor’s assistant entered and dimmed the lights and told the plaintiff he was going to perform a “strip test.” He placed a strip over her eyes and told her she would need to keep her eyes closed for 5 to 7 minutes. Feeling something on her feet, she opened her eyes and saw him licking her toes. The assistant reportedly replied, “”I’m sorry, I’m sorry, but I was checking your sugar level.”

Many personal injury lawyers are going to disagree with me, but this is my definition of a frivolous medical malpractice action. Her damages were that her toes were licked. Obviously, this is not a good thing, and if it happened to my wife, I might be pretty annoyed and want to do something about it. The Plaintiff did do something about it. She pressed charges and the guy was convicted and sentenced to a year of probation. But now she wants to profit from that moment of having her toes licked and she wants to drag the doctor into it, even though there are no allegations the doctor knew or should have known that this guy was the nutcase that he apparently was. Who knows what a jury will give her but she does not want me on that jury.

I know that the Chicago Tribune sells a lot of papers. You can be sure that someone read this article in the morning on the way to jury duty and then was impaneled for a case where someone was seriously hurt. That deserving injury victim started his or her case behind the eight ball with that juror.

  • Rachel

    Do you think this woman suffered an injury? She was certainly violated, right?

  • Ron Miller

    Oh, absolutely. I hope I made this clear. Like I tried to say above, I would be mad if this happened to my wife and I might even want to do what this woman did and press charges. The risk of writing opinions on a blog is that you run the risk of being misconstrued. No question this is an awful thing. My point is that I do not think these kind of injuries should be the subject of lawsuits because I do not think a reasonable person suffers a substantive injury from this kind of incident. Different facts could change this view. The one I can think off the top of my head is if she was a victim of prior abuse and was unduly sensitive to the intrusion, perhaps she is the classic eggshell plaintiff who would be entitled to compensation.

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