Lawsuit claims doctor’s touch inappropriate

GLOVERSVILLE - A local physician practicing at Nathan Littauer Hospital's Perth Primary Care facility is being sued based on allegations he sexually assaulted a young female patient.

The lawsuit seeks an unnamed amount in damages from the hospital and Dr. Brijesh Kumar, a pediatrician. It was filed Monday in state Supreme Court in Fulton County.

The plaintiffs are a mother and her child and are not identified in the suit. They are represented by Warrensburg attorney James D. DiPasquale, counsel to the law offices of Heidi A. Gifford in Gloversville. DiPasquale declined to elaborate on the identity of the plaintiffs except to say they are from Fulton County.

Kumar, who has not been criminally charged, is accused of sexually abusing the female patient on several occasions from June 2008 to January. DiPasquale alleges Nathan Littauer officials knew of the abuse and "took no action to prevent and/or stop the abusive action of ... Dr. Kumar."

The lawsuit claims that during several examinations, Kumar put his hand up the patient's shirt and bra and ran the tips of his hands across her breast while placing a stethoscope there.

The lawsuit also alleges Kumar asked the plaintiff to pull down her pants, then proceeded to put his hand down her pants and felt the area around her lower abdomen to the top of her genital area. The lawsuit alleges he was also looking down the plaintiff's underpants while performing the exam.

DiPasquale said Kumar's actions caused the plaintiff to suffer humiliation and "severe mental anguish and emotional distress."

DiPasquale declined to comment on the amount the plaintiffs are seeking except to say they are looking for a "substantial figure."

Fulton County District Attorney Louise Sira said this morning no criminal complaints have been made against Kumar.

Nathan Littauer Hospital spokeswoman Cheryl McGrattan said it is the hospital's policy not to comment on pending litigation.

Kayleigh Karutis covers Gloversville news. She can be reached at gloversville@leaderherald.com.