Is it Malpractice for a Doctor or Therapist to Engage in a Sexual Relationship with a Patient?
Yes, romantic or sexual relationships with patients can be malpractice for medical practitioners. The balance of power in the professional relationship between a doctor or therapist and a patient makes a sexual relationship highly suspect and unethical.
Is it Still Malpractice if the Patient Consents to the Sexual Conduct?
Generally yes, any sexual conduct with a patient is considered malpractice, whether or not the patient consented to the conduct.
Is There an Exception if It¿s ¿True Love?¿
There is no ¿true love¿ exception for the malpractice of engaging in a sexual relationship with a patient. It is very easy for a patient to mistake appreciation for love, and transfer feelings of respect and gratitude into the context of a romantic or sexual relationship.
What if the Patient is No Longer Under the Care of the Doctor?
Generally, it is malpractice for a doctor to engage in a sexual or romantic relationship with current OR former patients. - The medical community requires that doctors and patients wait at least a year after terminating the doctor/patient relationship before entering into a sexual or romantic relationship. There is a push for a longer waiting period.
- The American Psychiatric Association has said that patient/therapist romantic relationships are never appropriate.
If I Promise Not to Sue My Physician or Therapist for Malpractice, Will it Be Safe to Enter into a Relationship?
Some states will enforce promises to not sue for malpractice. However, even if you do not sue for malpractice, your doctor or therapist will still have to face a whole slew of legal issues. Romantic relationships with patients violate the ethical standards of most medical professions. Romantic or sexual relationships with patients are even illegal in some states. Even without the threat of malpractice, a romantic or sexual relationship with a patient may end up costing a doctor or therapist his job.
Should I Consult a Malpractice Lawyer?
If your doctor or therapist has committed malpractice by engaging in a sexual relationship with you, or if you are a doctor or therapist and are concerned about the repercussions of a sexual or romantic relationship with a patient, you should contact a malpractice lawyer to learn more about your rights. An experienced malpractice lawyer can explain the issues surrounding malpractice and represent you in court if necessary. |
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