Can you sue a Brooklyn fertility clinic for sexual abuse during medical treatment?

Patients who have been sexually abused during fertility treatment may have a case against not just the doctor who committed the abuse but also the fertility clinic, hospital, or other medical institution which in some way contributed to the harm. A doctor’s ability to see patients depends on the institution’s professional standing, facilities, staff, and systems. Where an institution willfully ignores warnings, fails to investigate allegations of misconduct or otherwise facilitates the abuse, its potential civil liability is very much in play. The September 2026 lawsuit against Brooklyn fertility specialist Dr Richard V Grazi is a case in point. Three former patients are suing, alleging that Dr Grazi sexually abused them during the course of fertility treatment examinations. The suit also names Genesis Fertility & Reproductive Medicine and Maimonides Medical Center. The plaintiffs claim institutional conduct contributed to the abuse and that the warnings were not properly investigated. The allegations remain disputed and unproven, and Dr. Grazi has denied any wrongdoing.

At Greenstein & Pittari, LLP, we know that sexual abuse in the context of medical care is a profound breach of trust. We look at potentially negligent institutions, determine who is at fault, and what remedies are available under New York law. If you believe you were a victim of sexual misconduct at a Brooklyn fertility clinic or by a medical professional, call 1-800-VICTIM2 (1-800-842-8462) for a free, confidential consultation.

Can a fertility clinic be made liable for a doctor’s sexual misconduct?

Yes, a fertility clinic could be subject to civil liability for a physician’s sexual misconduct where the facts support a legal basis for liability. Possible theories of liability include negligent hiring, negligent retention, negligent supervision, or other failures to protect patients from reasonably foreseeable harm. Certain statutory claims may also be available where the clinic is alleged to have either enabled or participated in gender-based violence.

Institutional liability doesn’t arise simply because abuse is alleged to have occurred in a clinic. The court will have to consider the nature of the doctor’s relationship with the institution, whether the institution was aware of the relevant risk, what duties it had, and whether its conduct contributed to the injury. It depends on whether the doctor was an employee, an independent practitioner, an owner, or an affiliated medical practitioner.

What responsibility does a hospital have to protect a fertility patient from sexual abuse?

Hospitals have a duty to provide care in accordance with applicable professional standards and to respond appropriately to any credible concern about patient safety. Where a hospital is aware of conduct that suggests a physician poses a foreseeable danger, how it responds may be central to a subsequent negligence claim. Relevant evidence may include complaints, incident reports, investigations, how the physician is supervised, the outcome of any credentialing process, and whether any protective measures have been put in place.

A hospital’s duty and potential liability will be highly fact-dependent. The fact that a doctor once had privileges at a hospital or once held a leadership position there does not make that hospital liable for every act that doctor is alleged to have committed elsewhere. You have to look at the facts carefully and determine when the act in question occurred, what the doctor’s relationship with the hospital was at that time, and whether there would have been an institutional failure that would have been actionable under those circumstances.

What is alleged about Genesis Fertility and Maimonides Medical Center?

The Sept. 2026 complaint is that Genesis Fertility & Reproductive Medicine and Maimonides Medical Center provided the professional setting in which Dr. Richard Grazi allegedly abused patients. Plaintiffs’ counsel note that the complaint also references earlier warnings about his behavior. A separate 2005 employment-related suit against another physician is cited as potentially relevant to institutional knowledge.

These are still allegations, not findings. Previous litigation doesn’t, by itself, establish that abuse took place or that any particular institution had sufficient legal notice. Maimonides has confirmed that Grazi is no longer employed there and has no privileges. As to institutional liability, you have to look at the underlying records, the dates of any purported warnings, and how the institution responded.

Can a fertility clinic be sued for negligent hiring, retention, or supervision?

A fertility clinic could be sued for negligent hiring, retention, or supervision if it owed a duty and its negligence contributed to foreseeable harm. Negligent hiring typically concerns whether the employer failed to exercise reasonable care in selecting a person whose known or reasonably discoverable characteristics would have presented a relevant risk. Negligent retention and supervision focus on what the clinic knew or should have known during the employment relationship and whether its conduct was reasonable.

These claims require evidence, not just the bare assertion that an employee or a physician connected to the employer committed some misconduct. Past complaints, past incidents, past personnel decisions, and the failure to investigate can all be relevant. Claims based on past conduct will, of course, also be subject to their own separate statute-of-limitations issues. The existence of a revival statute enabling a particular claim of gender motivated violence does not in any way automatically revive every ordinary negligence claim which might have arisen out of the same events.

Does a doctor’s professional reputation protect a clinic from liability?

No. A doctor’s reputation, his record of professional achievement, his track record of successful treatment doesn’t in itself invalidate a perfectly valid claim of sexual abuse or institutional neglect. The patient is entitled to proper medical care irrespective of how well known or experienced their doctor is.

Reputation may affect how misconduct is reported and investigated. A patient may well be disinclined to challenge a highly regarded specialist, particularly where the specialist has been instrumental in helping them achieve a very significant personal objective. The core legal issues are, of course, whether there was any misconduct, whether the institution owed a duty, and whether the institution’s actions contributed to the harm.

Can a patient consent to fertility treatment without consenting to sexual touching?

Yes. Consent to fertility treatment does not amount to consent to any and every form of physical contact by the doctor. A patient can give consent to a pelvic exam, an ultrasound, a breast exam, or indeed any other procedure that is medically appropriate and required, and still have the right to refuse any other form of contact. The doctor’s authority does not extinguish the patient’s right to their own body.

Whether an examination went beyond consent requires assessing what the patient was told, what she understood, the medical purpose of the procedure, and how it was carried out. There will be some degree of intimate contact in the practice of reproductive medicine, so mere touching does not in itself amount to misconduct. The issue is whether the conduct was appropriate in the medical context, consented to, and in line with the doctor’s professional duties.

Does the absence of a medical chaperone prove sexual abuse?

No. The lack of a medical chaperone in itself does not establish that a doctor has committed sexual abuse. It may, however, be a factor to consider when looking at the allegations in the context of the purpose of the examination, how long it took, how it was carried out, and the circumstances surrounding it. Clinic policy, professional standards, patient preference, and the nature of the procedure will all be relevant to the assessment.

When looking at allegations that examinations were carried out without another member of staff present, lawyers could review appointment schedules, staffing records, the chaperone policy, and whether other patients reported similar issues. That evidence could help establish the circumstances of the examination and whether the clinic was adhering to its own patient safety procedures.

Can a fertility clinic be held responsible even if the physician has retired?

Yes. A doctor’s retirement does not, by itself, extinguish otherwise viable civil claims against the doctor or a responsible medical institution. Liability will generally be assessed based on the doctor’s conduct and the relationships that existed at the time of the alleged injury, subject to applicable filing deadlines and other requirements.

Retirement can make evidence preservation rather more difficult. Former staff may be hard to find; the practice may have changed hands; and historical insurance may need to be tracked down. Corporate restructures, management changes, and new business relationships all require careful analysis, as responsibility doesn’t necessarily pass to every subsequent organization or affiliated body.

What records should former fertility patients keep?

Former patients should keep records that may help to establish their treatment history and the circumstances in which the alleged misconduct occurred. Fertility records, appointment confirmations, invoices, insurance statements, correspondence, personal notes, and any communications with family members may all help to establish when the treatment took place and what the patient reported afterward.

Medical records can be of the utmost importance, as they identify the procedures the doctor and staff carried out. Where abuse is alleged to have occurred many years previously, the records may no longer be held on a routine basis. The solicitor can review the applicable retention requirements, obtain available records, and determine the appropriate preservation requirements to prevent further loss of potentially relevant evidence.

Can a clinic be liable under New York City’s gender-motivated violence law?

Potentially. The New York City Victims of Gender Motivated Violence Protection Law provides for civil remedies in respect of qualifying acts of gender motivated violence. The statute and its amendments provide liability not only for certain direct perpetrators, but also for those alleged to have directed, enabled, participated in, or conspired in the conduct.

The exact statutory provision is, of course, the issue. LL50 of 2026 added protections for qualifying historical conduct (including a special filing period). To be a responsible party, you have to satisfy the statute; you don’t just have to allege that the institution employed the physician. Courts have also litigated the statute’s revival provisions and their interaction with state law.

What damages can be recovered from a negligent fertility clinic?

A patient who establishes an actionable claim against a fertility clinic may seek compensation for legally recognized injuries caused by the institution’s conduct. Depending on the claims, damages may cover emotional distress, psychological treatment expenses, lost income, and other documented losses. Punitive damages and statutory remedies may be available where the applicable legal requirements are satisfied. Institutional cases frequently involve contested issues of causation and responsibility. Defendants may argue that the physician acted independently, that no warning signs existed, or that the institution lacked sufficient knowledge to prevent the conduct. Those arguments require a careful review of the evidence and do not automatically resolve the case.

Why Choose Greenstein & Pittari, LLP?

When sexual abuse is alleged to have occurred within a medical institution, establishing responsibility may require investigating far more than the conduct of one physician. Greenstein & Pittari, LLP has decades of experience representing injured New Yorkers and administering complex personal injury litigation involving disputed liability, institutional practices, medical evidence, and multiple potentially responsible parties.

Our attorneys investigate how an injury occurred, identify relevant records and witnesses, preserve evidence, evaluate available insurance coverage, and prepare claims for contested litigation. We recognize the importance of confidentiality and careful communication when a client describes intimate medical treatment or alleged sexual misconduct. Our firm extends personal attention, direct access to attorneys, and English- and Spanish-speaking staff.

If you believe you were sexually abused during fertility treatment at Genesis Fertility, Maimonides Medical Center, or another medical facility in New York City, contact Greenstein & Pittari, LLP to discuss your legal options. We provide free, confidential consultations and contingency fee representation in qualifying cases, with no attorney fee unless we recover.

Call 1-800-VICTIM2 (1-800-842-8462).

Don’t Be a Victim Twice.