Medical assault

SEXUAL CLAIM AGAINT (MEDICAL) DOCTOR: My younger brother who is nine years old told me that he had to go to the doctor, only a few blocks from where we live, for some tests. The doctor told my brother to undo his pants and the doctor put his hand on my brother’s private parts and told him to cough. But the doctor kept his hand on my brother’s genitals for too long and he even start to message his private parts gently. Can doctors do that?

Of course doctors can’t do that. There is a tendency by the occasional professional  to psychologically dominate and bully young boys – and those in a much weaker position by their sheer high status of being a doctor. If you have a good talk to your brother to ascertain specifically what the facts are and you agree that the doctor went too far, you can proceed with the matter. See a lawyer to formalize your complaint. There is an exception in law about the ‘presumption of the innocence’ until proven guilty. In this matter, in any civil hearing or Medical Tribunal, your brother could claim through his solicitor that there is in law ‘undue influence. There would be a reversal of the onus of proof, i.e.  the doctor (or anyone in authority – teacher, parents, lawyers, priests)  who would have to prove that he/she is innocent of the complaint. The issue of undue influence applies to all professionals and others where one party is in a clearly dominating position.

Domestic lease

 I signed a lease for twelve months, but now after six months I have to move away interstate. I’m paying $350 for a two roomed flat in a very nice area. The landlord insists on me staying on until the lease is over. Any suggestions?

You have to understand that when you sign a lease for 12 months at $350 per week for the flat, you are in fact are signing a contract with the landlord for $18,200 payable at $350 per week. If you try to break the contract after six months – theoretically you owe the landlord six months’ rent. In practice, the landlord has a duty to get other tenants to take over the lease. But if a genuine effort was made by the landlord and he was not able to find an alternative tenant, you would have to pay the six months remaining rent. You should actively work with the landlord to find an alternative tenant acceptable to the landlord.

CLAIM AGAINST INSURANCE COMPANY

I was carrying shopping bags on the way to the car a few weeks ago in a shopping center at a big shopping center and slipped on some liquid on the ground, hurting my knee very badly. I had assistance from the management of the shopping center. But my problem is that some years ago I had a similar accident where the same knee was injured. A friend of mine thinks I could get compensation even if it is the second accident. 

I don’t see why you cannot seek compensation even if you had a previous claim. You need to get your knee medically attended to by a specialist who will have to submit a report about your condition after he treats your knee. Now, the shopping center insurance may claim that the injuries you are suffering come from the first accident. If your specialist’s opinion is that your present injuries are an ‘exacerbation’ (worsening) of your existing injuries, you can claim against the shopping center. Of course, the shopping center is likely to refuse to admit liability, but that does not matter. The medical expert’s condition on your knee would be critical. There are precedents in this matter where people like you were successful against the shopping centers – assuming the medical reports are favorable.