Charges of Indecent Assault and Battery Against Physician Dismissed After Video Evidence Disproves Case

The defendant is a well known physician. He was treating a patient who claimed that he inappropriately touched her buttocks and breast. As a result he was charged with indecent assault and battery under G.L. c. 265 section 13H. These charges were brought notwithstanding the fact that our client has a protocol that he regularly follows where no examination is conducted without the presence of a nurse, nurse practitioner or physician’s assistant. He followed the protocol on this occasion as well. The complaining witness insisted that the incident occurred on a particular day. We were able to obtain all security footage showing the visitors to the office throughout the day. This person was not one of them. We eventually prevailed upon the district attorney’s office to agree to a dismissal of all charges.

This resolution of this case came telephonically due to the courts being closed

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