The judge in the case said I cannot prove that the behavior of the staff at better birth definitively caused my damages. One of my therapists told me after the trial that this is the common outcome of sexual abuse lawsuits that she has witnessed. She said its tough, a medical practitioner can usually demonstrate their case using tests and numbers, but its highly subjective for therapists and so it is difficult to meet the high level of evidence required to prove causation.
I understand why this happened and I don’t really think it could have been avoided as an outcome.
I am devastated and heart broken, but I am also proud that I did everything in my power to stop this from happening to anyone else. I am glad that I failed to win my case instead of failing to fight, failing to file it and push through all the difficulties that arose as a result.
I am happy that I got my day in court, and that better birth had to answer for the things I accused them of. They lied and denied things and that is mostly what I expected, but it was satisfying that they could not sit there in silence like they did for so many months after I let them know that I had been touched inappropriately at their birth center.
I also know that they (likely grudgingly) changed how they do things at their business. The first trial was spent arguing that examinations do not have to stop unless its at the midwife’s discretion. This appeals case was spent arguing that they *did* stop and *always* stop at patient request. I would imagine that the amount of trouble that this has caused them required that they stress this aspect of patient care now, and that is a relief. It would be in their best interest to make sure no one ends up forced into a vaginal exam on their premises ever again.
The judge specifically said that my counsel represented me well, and I agree. Mark Schwarz is an amazing attorney that demonstrates an amazing amount of integrity in his work. He did a wonderful job.
I know I will likely be served with a defamation lawsuit for having named my abuser online, and having named the business that aided them in their abuse of patients. The next time I blog I am going to use the transcripts of the trial supplied by better birth to highlight glaring inconsistencies in the testimony. They certainly have not started being honest in the wake of this lawsuit, they simply got their story straight in time to win, and I want people to know what you will have to put up with if you end up on the wrong side of Better Birth.
I am relieved that this portion of the fight is over, and that the next part may never come. All I can do is wait to see what the future holds.