A Long Island family doctor who had an affair with one of his married patients has been found guilty of medical malpractice. The patient was being treated for depression and anxiety, and yet she shares part of the fault, since both parties sought repeated sexual encounters according to the ruling by the New York Court of Appeals.
The court upheld a jury award of $338,000 in damages to the woman, whose fault was set at 25%, reducing the verdict by that much. $166,000 was upheld in punitive damages. The jury found no malicious conduct by the doctor beyond his breach of professional duty. The total award to the woman was just over $250,000.
The nine-month affair, which ended in 2002, ultimately led the woman’s husband to sue for divorce. The woman sued her doctor for medical malpractice in 2005, with the argument that her romantic attachment resulted from “eroticized transference” – shifting her emotions toward her therapist under treatment. The doctor’s lawyer countered that the affair was mutual, and not related to treatment.
If you have been the victim of medical malpractice in New York, please contact Kline & Specter today to schedule a free case evaluation with an experienced NY medical malpractice lawyer.
