The New York Court of Appeals is considering the case of a Long Island doctor who had a nine-month affair with a client. Arguing that the affair was consensual and separate from her treatment program, the doctor hopes the court overturns the $416,500 medical malpractice amount awarded the patient.
Proving medical malpractice or hospital negligence seldom involves a consensual extramarital relationship in Pennsylvania. Not surprisingly, the doctor's attorney admits the osteopath's behavior was unethical, but, it does not constitute medical malpractice. The original jury trial found the doctor 75 percent at fault, awarding the patient damages for mental distress, economic loss and a punitive damage award.
The Chief Judge asked legal counsel if a doctor "takes advantage of a medical condition," is that not a violation of a professional obligation? The doctor's lawyer agreed. However, he argued those actions do not equal medical malpractice.
The plaintiff's attorney countered that, along with treating her gastrointestinal condition, the doctor also gave the plaintiff advice and medications for "psychological conditions," depression and panic attacks. The plaintiff, now divorced, further argued that this relationship transcended the common condition of ordinary transference, when patients sometimes "shift emotions toward a therapist."
An appeals court judge asked the plaintiff's lawyer whether his position was that a patient falling in love with his/her doctor or therapist has the right to sue for medical malpractice if the personal relationship "ends badly?" The attorney asked the court to find the Long Island doctor "entirely at fault for damages."
If you were a part of the seven-member appeals court, how would you rule on this unusual case? Do you agree that his actions were unethical and professionally unacceptable? Do you also feel that the extramarital affair that ended badly fits a layperson's conception of medical malpractice?
Source: The Wall Street Journal, "NY court weighs affair as medical malpractice," Associated Press, Oct. 17, 2012