Sexual relations between patients and doctors who are actively treating them are not previously unheard of ethical dilemmas. What has changed is the possible repercussions of such behavior.
New York, New York (PRWEB) December 25, 2012
The NY State Court of Appeals ruled it was medical malpractice for a Long Island family doctor to have an affair with a patient after she went to him with anxiety and depression. The court said that the sexual relationship interfered with the treatment so as to constitute medical malpractice, reported The Wall Street Journal. The medical community has long considered that a doctor’s affair with a patient amounts to an ethical violation. Such behavior has typically not been classified as malpractice until now, said New York medical malpractice lawyer David Perecman.
The married model at the center of the lawsuit said her nine-month affair with the doctor 'destroyed her life', reported The Wall Street Journal. After Kristin Kahkonen Dupree told her husband about the affair, he had filed for divorce.
The doctor, James Giugliano, was ordered to pay Dupree almost $400,000 in damages, reported the WSJ.
The court had considered the argument that Dupree’s romantic feelings resulted from "eroticized transference," from the patient shifting emotions toward Giugliano, her therapist, said the WSJ. Giugliano's lawyer had countered that the affair was consensual and unrelated to treatment.
“Sexual relations between patients and doctors who are actively treating them are not previously unheard of ethical dilemmas. What has changed is the possible repercussions of such behavior,” said Perecman.
“Whether the affair was consensual or not, there should be consequences for the doctor. It is entirely wrong for a medical professional to be sexually involved with one of his or her current patients,” he added.
The case is Kristin Kahkonen Dupree v. James E. Giugliano, No. 204 (N.Y. 2012) - New York Court of Appeals.
Lawyers at The Perecman Firm can provide knowledgeable, aggressive representation for victims of medical malpractice in New York. Contact The Perecman Firm at 212-977-7033.
About David Perecman and The Perecman Firm, PLLC:
For the past 30 years, the New York construction accident, medical malpractice, auto accident, and civil rights violation lawyers at The Perecman Firm, PLLC have handled all types of New York medical malpractice cases. David Perecman, founder of the Firm, has been recognized for his achievements as an Honoree in the National Law Journal's Hall of Fame, in New York Magazine's "The Best Lawyers in America" and The New York Times Magazine "New York Super Lawyers, Metro Edition" for the years 2007-2010. The prestigious U.S. News & World Report ranks The Perecman Firm among the top 20 personal injury firms in New York City for 2011-2012 and 2012-2013.
The Firm has recovered millions of dollars for its clients. Among the more recent victories, Mr. Perecman won a $15 million verdict** for a construction accident (Index 112370/03) Supreme Court, New York County, a $5.35 million dollar verdict*** for an automobile accident (Index 2749/04) Supreme Court, Kings County, and a $40 million dollar structured settlement for medical malpractice (Index 2146/03)****Supreme Court, Kings County.
The Perecman Firm serves Manhattan, Bronx, Brooklyn, Queens, Staten Island, Long Island, Westchester, Upstate NY, Morris County, and Rockland County.
**later settled while on appeal for $7.940 million
*** later settled for $3.5 million
**** total potential payout
"Prior results do not guarantee a similar outcome."