In Pennsylvania The Superior Court Holds That A General Practice Physician Can Face A Medical Malpractice Claim If He Has A Sexual Relationship With A Patient While Providing The Patient With Psychological Care
The Pennsylvania Superior Court in a 6 to 3 majority decision stated that there is no reason to differentiate between general practitioners and a psychiatrist when rendering psychological care. The court ruled that both doctors maintain the same degree of trust. The doctor in the case before the Court prescribed psychiatric medicine, namely anti-depressants and anti-anxiety medications, and engaged in a sexual relationship with his patient while treating that patient for anxiety, depression or other psychological issues. The treating physician should not exhibit behavior leading to an extra-marital affair. The opinion stated “because of a patient’s often inferior knowledge about medicine and related conditions, a health care professional often has a position of superiority over his client.” As such, it is very common that the patient is in a vulnerable position and as a result, puts a high degree of trust and confidence in his/her doctor. In a prominent case that gained national attention many years ago, the experienced medical malpractice lawyers of the Philadelphia law firm of Reiff and Bily successfully recovered in excess of $1.4 million dollars for a client who was sexually assaulted by her treating psychiatrist.
If you believe that your doctor acted improperly by engaging in illicit sexual behavior or an extramarital affair while you were being treated for a psychological problem, anxiety, depression, or marital discord, you would be well advised to seek the advice of an experienced medical malpractice attorney. For a free no obligation consultation, please contact one of our experienced medical malpractice attorneys at 1-800-421-9595 or online at www.reiffandbily.com.
