State Representative Armini recently recounted her eye-opening conversation with McCarthy as one of those ‘memorable times as a legislator’ when an issue leaps from ‘the page of a report’ and ‘hits you smack in the face.’
This initial dialogue has catalyzed several legislative proposals aimed at preventing medical sexual assault. Last Wednesday, McCarthy organized a presentation at the Massachusetts State House featuring herself and four other former patients of Todd to draw wider support for the proposed legislative rules.
Todd was charged in January with raping two women during medical exams and has pleaded not guilty during his arraignment at Middlesex County Superior Court. He denies the allegations brought forth by McCarthy and more than 230 other former patients in civil lawsuits against him.
In September 2023, Todd signed a voluntary agreement with Massachusetts medical authorities to refrain from practicing medicine. His attorneys did not respond to requests for comment from the Globe.
A cornerstone of this legislative effort is a bill that mandates Massachusetts health care providers to have trained chaperones present during all genital and rectal exams, as well as female breast exams—unless a patient declines the chaperone or is receiving emergency care. This proposal aims to alleviate the burden on patients to request a chaperone, a requirement that often leads to reticence due to fears of being a bother or appearing distrustful of their doctors.
Mass General Brigham, the largest hospital system and physician network in Massachusetts, adopted a similar chaperone policy on April 1. MGB spokesperson Jessica Pastore noted that while various policies existed at different MGB practices, the newly established rules have standardized the presence of chaperones across the system and included training for the chaperones.
MGB has also displayed signs in its facilities stating, ‘It is our practice to have a clinical chaperone present for sensitive exams or procedures.’
Under this new policy, MGB will strive to accommodate patient requests for a chaperone of a specific gender when feasible, and will honor requests made by patients, legal guardians, parents, or clinical staff for any exam. Patients are allowed to opt-out of having a chaperone during sensitive exams, but doctors are required to document this refusal in the medical record.
Pastore highlighted that the adoption of policies making chaperones automated for sensitive exams is a national trend. She opted not to link the MGB’s new policy to the allegations against Todd, stating, ‘We are constantly reevaluating our systems to create patient-centered, trauma-informed policies.’
Todd, a prominent rheumatologist, practiced at Brigham and Women’s Hospital and Brigham and Women’s Faulkner Hospital, as well as at Charles River Medical Associates in Framingham, which is not part of the MGB system.
Middlesex County District Attorney Marian Ryan has charged Todd with the rape of two patients during exams at Charles River. The Suffolk County District Attorney Kevin Hayden’s office is also investigating Todd.
In her civil lawsuit, McCarthy is identified as Jane Roe #1. McCarthy, who suffers from a severe autoimmune disease that attacks her joints, recounted that Todd began her appointment by stating that no one was available to chaperone but insisted they proceed with the pelvic and breast exams. ‘He said, ‘You want to feel better, right?’’
Karli Nee, another former patient who spoke at the State House panel, recounted that she had requested a chaperone during her initial visit, but Todd simply looked out into the exam room and claimed, ‘Everyone is busy.’ Desperate for relief from the constant numbness and pain in her hands, she consented to proceed with the exam, describing it as ‘the beginning of a nightmare.’
Armini expressed that she does not anticipate robust opposition to the chaperone bill; however, she indicated that hospitals and other nonprofit organizations may object to another legislative proposal aimed at eliminating the cap on damages for nonprofit entities in cases of sexual abuse. This proposal would not only affect hospitals but also colleges and religious institutions.
Currently, Massachusetts law caps damages against nonprofits at $100,000 for malpractice claims and $20,000 for other negligence claims.
The Massachusetts Health and Hospital Association and the Massachusetts Nonprofit Network have both resisted the broad elimination of the liability cap and stated they are still evaluating the legislation without taking a formal position as of yet.
MNN spokesperson Megan Murphy asserted, ‘Eliminating the damages cap for all types of cases can threaten nonprofits’ ability to purchase liability insurance and therefore their ability to operate.’
Two additional new bills have been filed to prevent medical sexual assault, including one that bans sensitive exams on sedated or anesthetized patients without their consent and prohibits alleged perpetrators from suing victims of sexual assault or harassment for defamation in specific circumstances.
Armini noted that the case against Todd ‘laid bare the systemic failures that allowed abuse to go unchecked for years.’ She remarked, ‘These are basic overdue protections.’
image source from：https://www.bostonglobe.com/2025/04/15/metro/dr-derrick-todd-brigham-boston/
