A few weeks ago the New York Court of Appeals ruled that a Long Island physician’s affair with one of his female patients constituted medical malpractice.
The ruling was unanimous with all 7 judges agreeing that t he doctor’s actions should be considered malpractice.
Dr. James E. Giugliano began his 9-month affair with his patient Kristin Kahkonen Dupree 10 years ago. He was treating Dupree for anxiety and depression. Three years after the affair ended, Dupree sued Giugliano for malpractice.
The court upheld the $338,000 in damages that a previous jury had awarded Dupree. But it also set Depree’s fault at 25% and removed an additional $166,000 because Giugliano did not act maliciously.
Dr. Silverman Comments
You would think that a doctor, someone with greater than 11 years of education after high school would have more sense. This particular case is unique in that malpractice and poor judgment are intertwined. I am not convinced that malpractice actually occurred by the facts provided, but I am sure that it was impossible for him to remain impartial in his treatments.
Bottom line: He broke one of the hard and fast rules – you don’t sleep with your patients. There is no wiggle room on this one.
