A former patient has filed a lawsuit against MedStar Health, claiming the organization failed to act on reports of sexual harassment by a former physician, raising serious concerns about patient safety.
A former patient has initiated legal action against MedStar Health and a former rheumatologist, alleging that the health system neglected to respond adequately to reports of sexual harassment involving the physician. The lawsuit was filed on Friday in the U.S. District Court for Maryland, just two months after James C. Roberson II was suspended from practicing medicine in the state.
The Maryland Board of Physicians, in its suspension order, stated that its investigation revealed Roberson’s interactions with multiple patients violated the board’s regulations on sexual misconduct, which constitutes “immoral and unprofessional conduct.”
The lawsuit accuses MedStar Health of failing to monitor Roberson’s behavior, allowing him continued access to vulnerable patients. The complaint includes six civil counts against MedStar, including negligence, negligent hiring, negligent supervision and retention, premises liability, vicarious liability, and concealment.
MedStar Health, which suspended and subsequently terminated Roberson in 2024, issued a statement acknowledging that his “inappropriate personal conduct violated the foundational trust placed in him by his patients, by MedStar Health, and by the laws and ethics of his profession.”
In its statement, MedStar expressed gratitude to the patients who came forward, recognizing the courage it took for them to report their experiences. The organization emphasized that it acted swiftly upon receiving a patient’s concerns about Roberson’s behavior, suspending him immediately and firing him after a thorough investigation.
“We will never tolerate inappropriate behavior by our providers, and we will always act quickly to address any allegations of misconduct brought to our attention,” the statement read.
The plaintiffs are represented by attorneys from Baltimore-based firms Brockstedt Mandalas Federico (BMF) LLC and Keilty Bonadio. One of the attorneys indicated that the number of plaintiffs could exceed 100, depending on how the class is defined. The lead plaintiff began treatment with Roberson in 2021 or 2022 at the orthopedic institute at MedStar Health Medical Center at Brandywine.
During multiple appointments, she allegedly experienced “inappropriate and repeated breast ‘exams’ without clinical indication; full-body massages with lotion; and inappropriate touching of the vaginal area under the guise of medical assessment.”
Initially, the plaintiff believed these examinations were medically necessary as she sought treatment for severe pain and distress caused by Sjögren’s syndrome. “He was clearly doing it for self-pleasure,” said Philip C. Frederico, a partner at BMF. “It got to the point where he couldn’t restrain himself sexually; it went further and further until he was appropriately disciplined.”
The proposed class action lawsuit claims that MedStar was negligent in failing to act on “warning signs and red flags … indicative of immoral conduct.”
Critics of the Maryland Board of Physicians have expressed concern over its response to initial complaints filed in 2018. Reports indicate that the Board responded to these complaints with an advisory letter but did not take further corrective action.
According to reports from WUSA9 and FOX 5 DC, there are over 100 alleged victims across Maryland and Virginia, with claims involving inappropriate touching, medically unnecessary examinations, and repeated conduct that patients describe as violations of professional boundaries disguised as routine care.
Frederico, who has previously represented sexual abuse victims in high-profile cases, noted that MedStar has been “very cooperative” with the civil attorneys’ investigation. He described the organization as a “frontline corporate medical leader in our community,” based on his experiences in typical medical malpractice litigation.
The allegations against Roberson and the subsequent lawsuit against MedStar Health highlight significant concerns regarding patient safety and the responsibilities of healthcare institutions to protect their patients from misconduct.
As this case unfolds, it raises critical questions about the mechanisms in place for reporting and addressing allegations of misconduct within the healthcare system, and the extent to which organizations are held accountable for the actions of their providers.
According to The American Bazaar, the situation continues to develop as more information comes to light regarding the extent of the alleged misconduct and the responses from both MedStar Health and the Maryland Board of Physicians.