Recently, patients who visited Columbia University’s OB-GYN department have reported the sexual abuse committed against them by Dr. Robert Hadden. Dr. Hadden was a long-time fixture at Columbia University, having spent his entire medical career there. However, over the more than 20 years Dr. Hadden was practicing, he is alleged to have sexually assaulted 245 patients. In July 2023, Dr. Hadden was sentenced to 20 years in federal prison for federal sex abuse charges. Since then, Columbia University agreed to pay $236.5 million to resolve lawsuits brought by 226 of Dr. Hadden’s victims—however, in doing so, the University admitted no fault. However, according to some, Columbia’s own records indicate that the doctor’s patients repeatedly tried to warn University doctors and staff about Dr. Hadden’s abuses.

Doctor Hadden saw between 25 and 45 patients per day over a career spanning two decades. While hundreds of patients have recently disclosed the abuses they suffered, experts estimate that there may be many others who have yet to come forward. If you were a patient of Dr. Robert Hadden and were subject to sexual abuse, you may have a legal claim against Columbia University. While many of these claims have been filed and resolved, there may still be time for additional victims to come forward in hopes of obtaining justice. Please click here to review our recent post discussing how victims of doctor sexual assault can pursue a claim for compensation against those responsible for their abuse.

What Are the Allegations Against Columbia OB-GYN Dr. Robert Hadden?

Dr. Robert Hadden is a former gynecologist at Columbia University who faced allegations of sexual assault against his patients. In 2016, Dr. Hadden pleaded guilty to state charges for these acts. Despite his guilty plea, he did not serve prison time due to a plea deal; he only lost his medical license​​. At the time, however, there were claims that Columbia University staff were aware of the sexual abuse allegations as early as 1994​​. Furthermore, some claim that Columbia University allowed Hadden to continue practicing for five weeks after a woman reported to the police in 2012 that he sexually assaulted her during an exam, which led to his arrest​​.

More recently, Dr. Hadden was federally indicted for sexual abuse. This time, Dr. Hadden was sentenced to 20 years in federal prison for inducing four patients to cross state lines for medical examinations, during which Dr. Hadden sexually assaulted them.

Did Columbia Know Dr. Hadden Was Sexually Assaulting Patients?

Columbia University’s position has been consistent since the allegations of sexual assault against Dr. Hadden first arose. Specifically, Columbia has maintained that the doctor’s actions were his own and that the University knew nothing about the abuse he was carrying out. However, according to a ProPublica report, Columbia’s own records show that patients repeatedly tried to warn Columbia about Hadden. And, at least twice, Dr. Hadden’s superiors in the OB-GYN department were informed in writing of Dr. Hadden’s patients’ concerns.

Some have argued that Columbia’s response to the then-pending criminal charges against Dr. Hadden was less than cooperative with the investigation. For example, Columbia apparently waited months to inform patients that Dr. Hadden was no longer working with Columbia, and in the letters that were eventually sent to patients, nothing was mentioned about the reasons for Dr. Hadden’s termination. There are also claims that Columbia University failed to hand over documents in the face of a subpoena and that the University failed to inform prosecutors when additional victims came forward to Columbia University.

In fact, Columbia University’s handling of the case was so concerning to prosecutors that prosecutors opened a criminal investigation into the University as well as the hospital where Dr. Hadden practiced. This investigation concluded that Columbia “intended to destroy” emails written by Dr. Hadden and his former colleagues based on multiple failures to place document-retention holds on certain documents and records.

Is Columbia University Liable to Victims of Dr. Hadden?

Hospitals and universities can be held liable for sexual assaults committed by their doctors under certain circumstances. Thus, Columbia may be liable to the victims of Dr. Hadden through a Columbiua sexual assault lawsuit.

Liability in doctor sexual assault cases often hinges on principles of negligence and, more specifically, on a legal doctrine called "vicarious liability." Vicarious liability provides that an employer (such as a hospital or university) can be held responsible for the actions of its employees (such as doctors) if those actions are performed within the scope of their employment. Thus, if a doctor commits a sexual assault while performing their job duties, the hospital might be held liable.

However, the extent of the hospital's liability depends on several factors. These include whether the hospital was negligent in hiring or supervising the doctor or if it failed to take appropriate action upon learning of potential risks or complaints. Negligent hiring involves not properly vetting a doctor's background before employment, while negligent supervision pertains to a failure to oversee the doctor’s conduct adequately.

The allegations against Columbia include claims that the University knew of Dr. Hadden’s sexual abuses and either ignored them or actively took steps to cover them up. In these cases, where a hospital or university ignores or does not adequately investigate complaints or warnings about a doctor's inappropriate behavior, it may be found liable for not taking steps to prevent harm. Additionally, if a hospital conceals or fails to report misconduct, it might face legal and financial repercussions.

What Compensation Is Available for Victims of Medical Sexual Abuse?

Victims of medical sexual abuse may be entitled to various forms of financial compensation, which typically include economic, non-economic, and, in some cases, punitive damages.

Economic damages cover tangible losses like medical expenses, therapy costs, and lost wages due to the trauma.

Non-economic damages recognize the profound personal and psychological toll of the abuse and provide compensation for pain and suffering, emotional distress, and loss of enjoyment of life.

Punitive damages, though less common, may be awarded in cases where the at-fault party’s conduct is found to be particularly egregious, serving as a punishment and a deterrent to similar actions in the future.

Of course, the specific compensation available to a victim varies significantly based on the severity of the abuse, the impact on the victim, the jurisdiction, and the legal strategy employed. Therefore, it is crucial for victims to consult an experienced doctor sexual abuse lawyer before deciding on how to proceed with their claim.