State of Georgia v. John Doe, M.D. (2018)

Defense Counsel:

Charges: Child Molestation

State’s Case:

A fourteen year old girl contended that her pediatrician touched her bare breast and groin area over her pants during a sports physical examination. The girl’s mother was in the room during the examination, but stated that she could not see what the pediatrician was doing because his body was blocking her view.

Judgement:

The defense immediately contacted the lead detective and arranged to meet and share information within 30 days if the detective agreed to hold off on taking out an arrest warrant. Over the thirty days before the meeting with the detective, the defense put together expert opinions that it was standard medical care for a pediatrician to take a femoral pulse located in the groin area during a physical exam. Further, the defense polygraphed the physician on whether he touched the girl’s breast, and he passed. The defense was able to show that the girl’s mother had a substantial criminal history for felony convictions, and that she had immediately sought to file a civil complaint against the physician. Finally, the defense was able to show that in over thirty years of pediatric practice, there were no complaints for sexual misconduct. After the meeting with the defense team, the detective determined that there was not sufficient evidence to take a warrant against the pediatrician.