A former Lincolnton doctor accused of raping a female patient nearly two decades ago has filed a civil suit against his alleged victim.
According to John Marshall’s attorney, David S. Rudolf, of Rudolf, Widenhouse & Fialko in Charlotte, Marshall filed a complaint against the Maiden woman on Wednesday in Mecklenburg County.
Not only is the 59-year-old Jerry Crump Road resident seeking punitive damages, but also a jury trial to prove his innocence and an order “enjoining” the defendant stop “engaging in further defamatory actions or statements” about him to media outlets, court documents showed.
Marshall was arrested at his Lincolnton home in September on charges of first-degree rape, conspiracy and sexual offense by a custodian, according to the Lincoln County Clerk of Court’s Office.
The alleged victim told police that Marshall, along with another doctor working with his practice at the time and who has since died, raped and sexually assaulted her while she was receiving care at Lincoln Medical Center in 1996.
While the woman told officers that she wasn’t having pain in her stomach or pelvic region at the time and didn’t need Marshall to visit her at the hospital, court documents stated, medical records revealed she had been admitted for abdominal and back pain, and that because nurses believed she may have had a pelvic infection or appendicitis, they summoned Marshall, her OB-GYN, to the Emergency Room.
The woman also made claims that Marshall drugged her in the ER, preventing her from speaking or moving while allegedly assaulting and raping her.
However, medical records, again, revealed a different scenario, according to court documents.
During the four-day period she remained in the hospital, nurses and other medical officials recorded on multiple occasions how the patient felt “alert” and “oriented to person, place, time and situation,” not feeling anxious or weak, court documents said.
Furthermore, no documentation was ever made by medical staff stating or implying that she ever lacked the ability to communicate or move during her stay, documents said.
In addition, medical records showed that only one type of medication was administered to her while she was in the ER, contrary to her statements to police that Marshall overmedicated her, court documents noted.
The woman approached police with the allegations in 2012, and a grand jury indicted Marshall in the case in November.
According to public records with the North Carolina Medical Board on ncmedicalboard.org, his medical license was indefinitely suspended in 2011, years after the Board took away his privilege to deliver babies in the hospital in 1996.
In 1997, the N.C. Medical Board also ordered that a chaperone be present during all Marshall’s patient visits.
Additional complaints against the doctor over the course of his career not only included accusations from a nurse and receptionist that he behaved inappropriately with them, but also allegations Marshall administered prescriptions for controlled substances to family members without properly filling out medical examinations and forms, according to ncmedicalboard.org.
Rudolf has no doubt that his client is innocent in the current criminal case and that the defendant in the civil case has an ever-changing story exceedingly different from what medical records have shown.
“It’s pretty clear it’s inconsistent (with records),” he said of her claim.
The woman’s attorney, Susan M. Ervin, of Statesville, issued Marshall a letter in January seeking compensation for “the emotional distress and pain and suffering” the alleged sexual acts have caused her client over the years.
“The traumatic time that she endured while in your care,” Ervin stated in the letter, “created a deep mistrust towards men. It led to the demise of her marriage and inability to participate in meaningful relationships with men until very recently.”
In exchange for money, the alleged victim has offered to sign an agreement keeping her from discussing the case and “details of the events” with the media, according to the letter.
The criminal investigation, headed by the Lincolnton Police Department, remains ongoing.