Could South Shore Health be sued in sex abuse case against pediatrician?
South Shore Health could end up fighting civil lawsuits in court after sex abuse charges were filed against one of its pediatricians.
Lawyer Derek Braslow, while not commenting specifically on the sex abuse charges against former South Shore Health pediatrician Richard A. Kauff, of Norwell, says his clients in sex abuse cases have typically sought damages from institutions rather than individual abusers, who might not have enough assets to pay compensation, especially in cases where victims are numerous.
In November, two dozen women and girls came forward to accuse Kauff of sexual abuse. In the case of two of the women, Kauff, 68, has been charged with 12 counts of indecent assault and battery on a child under 14 and four counts of child rape. Kauff practiced at South Shore Health's locations in Norwell and Kingston for decades.
Asked if any of Kauff's accusers have sought damages, a spokesperson for South Shore Health declined to comment.
Braslow represents hundreds of plaintiffs in cases against Catholic institutions across the country, including the archdioceses of Los Angeles and San Francisco.
Why would someone go after South Shore Health?
Braslow said insurers often cover negligent acts on the part of institutions, but will not cover intentional acts on the part of doctors or other professionals accused of abuse, which is another reason why victims often seek compensation from employers rather than individual perpetrators.
"It's important that institutions are included in these types of suits for many reasons," he said. "Ultimately, we know that there are predators out there, but it's the institutions that have to keep our children safe."
Braslow said there is precedent for medical institutions paying large settlements to victims who were sexually abused under the guise of care.
"The settlements were not small, either, particularly for larger institutions," he said.
Braslow cited the case of Dr. Robert Haddan, an obstetrician and gynecologist at Columbia University in New York. Haddan, 65, was convicted in July of abusing scores of victims for more than two decades and sentenced to 20 years in prison. According to a ProPublica report, Columbia has paid a total of $236.5 million to 226 women.
More: South Shore pediatrician charged with sexually assaulting children for years
Kauff case: 22 more ex-patients say Norwell pediatrician molested them. ADA: 'Dozens more' expected
In Haddan's case, a conviction in federal court came more than a year after Columbia settled the second of two civil cases, but Braslow said criminal proceedings often conclude before civil cases begin.
"Ideally, as a civil lawyer, I’d like to have the outcome of the criminal matter resolved before I file suit," he said.
"But the clock’s ticking. You don’t have to wait. I wouldn’t be surprised if a lot of suits were filed prior to the outcome of the criminal matter."
What might determine South Shore Health's liability?
Braslow said civil liability would depend on what is called "notice." If an institution is aware, or should be aware, that a pediatrician is abusing children, that institution has notice and is legally required to prevent further abuse.
"When you look at the record, maybe a parent or a patient said something to a nurse and it’s in the record," he said. "If there are more victims, it’s likely that the institution was on notice at some point prior to much of the abuse that took place."
Braslow said documentary evidence, such as written reports, as well as witness testimony, can establish "notice." Witnesses could include staff, nurses, other doctors, patients and, in the case of children, their parents.
"A lot times − you'd be surprised − you find evidence in the record regarding notice," he said.
Statute of limitations in civil sexual abuse cases
Massachusetts extended the statute of limitations for civil child sex abuse in 2014. Victims can now sue until they turn 53 years old. The previous age limit was 21, according to Helping Survivors of Sexual Abuse and Assault.
Braslow said the 2014 law also retroactively gave victims seven years after discovering past abuse to file suit, even if they are older than 53.
More: Norwell pediatrician accused of sexual abuse. How to protect kids at the doctor's office
While such changes ease the path for sexual abuse victims seeking compensation, Braslow said significant personal and legal challenges remain.
"It takes great courage for survivors to come forward," he said. "Many are ashamed or embarrassed and don't want to believe it happened and have buried the memories of the abuse in order to cope.
"Speaking with an attorney about what happened and learning what the institution knew and could have prevented can be re-traumatizing."
Defense lawyer says trusting the process is essential in emotional cases
Lawyer Ernie Stone, who has represented defendants in sexual abuse cases for decades, said there's a risk of "trial by public opinion" and said it's important to let the judicial process run its course, especially in highly emotional cases.
Stone said sexual abuse charges, especially where children are involved, can elicit "an immediate and powerful reaction from communities."
He said it's critical that the public allow due process to run its course.
"False allegations are made," he said. "It happens. I'm not commenting on this case or any case in particular, but that does happen."
Stone said premature condemnation in the court of public opinion causes "incredible damage," not only to the accused but to their families.
"That's the shame of it," he said. "No one has any control of it. Especially now with social media, it happens exponentially, the damage that can be done."
Stone said the initial allegations typically receive the most media attention and amplification, but if facts come to light that contradict the original reports, it's too late. The damage has already been done.
"When (media outlets) report on the completion of the process, if it isn’t either what people wanted to hear or it’s not salacious enough, if it’s not emotional enough, it doesn’t get amplified," he said.
Civil sexual abuse cases resulting in settlements on the South Shore
Cohasset middle school teacher Jeffrey Knight: Cohasset reached settlements totaling $275,000 with two accusers of the former public school teacher. Knight was sentenced to 18 months in prison in 2021 for one of the two cases. He was arraigned in Dedham Superior Court in the other case in March. At that time, a third student came forward to accuse Knight of indecent assault and battery.
Plymouth police officer's sexual harassment claim: In February 2020, a female police officer settled her sexual harassment claim with the town for $30,000. Officer Robin Hale said a police captain frequently engaged in unwanted touching and suggestive comments.
Boston archdiocese settled claim against Milton priests: In 2021, a lawsuit against the Boston archdiocese and the Missionary Society of St. Columban in Milton was settled for an undisclosed sum. The claim named Irish priest Brian Gallagher, who died in 2014, and the Rev. John K. Connell, who died in 2007.
If you or a loved one has been the victim of sexual abuse, a list of resources in Massachusetts by county can be found here.
This article originally appeared on The Patriot Ledger: Could South Shore Health be sued in sex abuse case?
