Doctor Faces Lawsuit

A doctor convicted in 1995 of child molesting has been released from prison, but problems continue to plague him.

An alleged victim of the actions of Willard H. Hagenmeyer, M.D., has filed a lawsuit against him alleging malpractice. The Convenience Clinic Inc., where Hagenmeyer was employed at the time the events occurred, is also named in the lawsuit filed in Kosciusko Circuit Court.

Hagenmeyer, 37, of Warsaw, was convicted in December of one count of child molesting and one count of sexual misconduct with a minor. He was sentenced to 18 months in prison for the Class D felony sexual misconduct charge and, since one day is allowed off a sentence for each day served on good behavior, recently completed serving that portion of his sentence. He was also given a four-year prison term on the Class C felony child molesting; however, that sentence was suspended and Hagenmeyer was ordered to serve 10 years of formal probation.

The recently filed civil lawsuit is brought by a 14-year-old girl and her parents. Both compensatory and punitive damages are being sought. The teen is one of four victims who testified for the prosecution during Hagenmeyer's trial. The plaintiffs are not being named by the Times-Union because the case involves a sexual violation.

The lawsuit states, in part, that Hagenmeyer failed to inquire whether the girl - who was 12 years old at the time she was fondled - had ever had her genitalia examined and failed to prepare her for such an exam. She had gone to the Convenience Clinic Oct. 4, 1994, for a pre-participation sports physical.

During the criminal trial, it was noted that such physicals do not require pelvic examinations. The civil lawsuit indicates that Hagenmeyer "performed fondling and/or touching ... with intent to arouse or satisfy his own sexual desires."

The lawsuit also states that the Convenience Clinic was negligent in the case because it failed to have policies and/or protocol established for routine physical exams or to have a nurse present when females were being examined.

Also, according to the lawsuit, the Convenience Clinic "failed to provide a safe environment for its patients" because of the clinic's knowledge that Hagenmeyer used questionable examination procedures for females; was a convicted felon in Noble County for his use and abuse of controlled drugs; and had a complaint filed against him by the state before the Medical Licensing Board of Indiana.

Court documents state that both Hagenmeyer and the clinic knew or should have known that he was convicted of a crime "having a DIRECT bearing on his ability to practice medicine competently."

As a result of Hagenmeyer's actions, the teen-age victim has suffered emotional trauma for which she has sought psychological care; her injuries are said to be permanent.

Punitive damages - those intended to punish a defendant - are only being sought from Hagenmeyer. An unspecified amount to compensate for actual damages is being sought from both defendants. The teen and her parents are also seeking a trial by jury.