UC Berkeley, and a physician in their employ, have been targeted in a wrongful death suit because a student's suicide was allegedly prompted by the doctor's repeated illegal sexual contact with him, as reported by the Bay Area News Group.
The physician, Dr. R.K., is currently charged with 19 felony counts stemming from allegations made by multiple patients that include sexual exploitation, sexual battery with false professional purpose and sexual penetration by a foreign object.
A.S. and M.S., whose son E.S., 23, committed suicide on March 29, allege that Dr. R.K. abused E.S. during multiple medical exams at the University Health Service's Tang Center.
E.S. was found dead in a canal in Los Angeles County.
After 22 years with the university, Dr. R.K. resigned in April of 2011. Three weeks prior to his decision to resign, a student spoke to the center's medical director alleging that the doctor had made illegal sexual contact with the student.
Dr. R.K. has since had his medical license suspended. He is currently out of police custody after making his bail of $745,000.
The suit states that over several instances of illegal sexual contact, the descendent was "plagued with nightmares of sexual violation (and feelings of) intense shame, humiliation and anger" – and that those feelings were strong enough to drive him to suicide.
The suit further states that during May and June of 2010, Dr. R.K. used his position at the university to "perform wholly unnecessary and shockingly prolonged ... exams which transitioned into acts of molestation."
The suit was filed on June 29 in Alameda County Superior Court. Lawyer Andrew Treger represents the family.
Treger said, "One of the places (kids of this age are) supposed to be safe is within the confines of university health services. Unfortunately, there was a sexual predator taking advantage of his role. How can this happen to multiple students if the university is supervising their staff properly and paying attention?"
The UC Regents have been named for its failure in investigating Dr. R.K.'s background and to supervise his work at the Tang Center.
Attorney Robert Beles, in representing Dr. R.K. said, "We grieve for the (S.) family. However, Dr. (R.K.) is in no way responsible for the death of this young man." Beles added that the death certificate failed to list E.S.'s death as a suicide.
Dan Mogulof, the executive director of UC Berkeley's Office of Public Affairs, said, "We're obviously saddened by the passing of the young man in question, but intend to contest strongly any allegations of negligence. The physician in question had undergone an extensive background check (and) had a record that was completely clear of any complaints. We just did not see any warning signs, we responded immediately when the first individual came forward."
Hastening someone's death, by purposeful design or abusive behavior, is grounds for a wrongful death lawsuit. If you have lost a loved one in a situation that wasn't natural, contact a personal injury lawyer today!