Lawsuit filed against Jacksonville doctor, medical facility, after patient allegedly sexually assaulted during medical exam

JACKSONVILLE, Fla. — A lawsuit seeking more than $15,000 has been filed on the behalf of a patient who alleges he was sexually assaulted during a medical exam by a Jacksonville doctor.

The suit states that during the patient’s visit to Baptist Infectious Disease Consultants on Dec. 14, 2017, Dr. Om Parkash Kapoor performed a nude body exam in search of possible new tick bites, as the patient was being seen for new symptoms of Lyme disease. During that exam, the lawsuit alleges, Kapoor exposed himself and masturbated.

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The patient claims he found napkin with evidence in the examination room and took it to police.

Shortly after, the Jacksonville Sheriff’s Office arrested Kapoor and charged him with indecent exposure and battery.

Jail records show he was released the next day on bail. His next pretrial hearing is scheduled for January 2020.

The patient has decline an Action News Jax request for comment. His attorney was unavailable to speak Tuesday.

Baptist Primary Care Inc. is also being sued for failing to report a similar incident in 2012 involving the doctor and failing to take action to prevent it from occurring again.

“We believe Baptist Infectious Disease Consultants knew this doctor posed a clear and present threat to patient safety, yet they continued to allow him to practice in their facility, in this case, with horrific consequences. Both the doctor and this facility broke the most fundamental promise of medicine which is to ‘first, do no harm,’ leaving our client with emotional and mental scars that may never heal. We will fight for the rights of our client and to make sure this does not happen again,” Morgan & Morgan attorney Grant Kuvin said in a release.

Action News Jax reporter Elizabeth Pace spoke to Baptist Health Tuesday regarding the allegations and new lawsuit. A spokesperson sent the following statement: “Baptist Health is committed to ensuring quality care and safety for all patients. When a patient complaint was made about Dr. Kapoor in 2012, Baptist Health promptly reported the matter to local law enforcement and the Department of Health. We are not privy to the details of those agencies’ investigations, but he was permitted to continue to practice in Florida without restriction. Dr. Kapoor resigned his privileges in 2018 and no longer practices at Baptist Health. We take any allegations, especially accusations of this nature, very seriously.”

While Kapoor faces serious criminal charges, Action News Jax found he is still practicing medicine in Jacksonville.

According to the Department of Health, Dr. Kapoor listed a health care center in the San Souci area as his primary practice. On the company’s website, Kapoor is listed as a primary physician and infectious disease consultant.

Pace went into the medical business to learn more Tuesday but was declined a comment.

Kapoor’s medical license has restrictions but he is legally allowed to practice medicine at this current time. He has not been found guilty of the allegations and the Board of Medicine has not revoked his license. Action News Jax reached out to Kapoor and his attorneys to hear his side of the store but did not hear back Tuesday.

The Health Department filed an emergency restrictive order on Kapoor’s license in February 2018.

The order banned him from treating male patients unless there is a health care professional holding a clear and active license with the Florida Department of Health physically present at all times.

After two weeks of investigation, it filed an administrative complaint against Kapoor asking the Board of Medicine to permanently revoke his medical license.

Kapoor contested the administrative complaint. Now, both sides are interviewing witnesses and collecting expert testimony as they prepare to have the case heard by the administrative law judge. No date had been set for that hearing.

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