The verdict in my opinion:: If I were sitting on the Board with this case, there are several issues that I think must be considered to encourage, fairness to both the complainant and the defendant.
First, the physician explained his relationship with his patient as a normal relationship in which two people who enjoyed each other’s companionship and found each other attractive decided to pursue it. Although both were married and I think infidelity is abhorrent, it is not illegal. The physician claims that retrospectively, he could identify the error in his ways, and that perhaps he acted with limited foresight as the effects of breaking it off with his patient would culminate into a suicide attempt. He asked for mercy in the decision and another chance to behave better.
With this in mind however, there is a precedence that can not be ignored. Being unfamiliar with the laws in Utah, the fact that he has two prior accusations for similar behaviour as well as current complaints still pending, it speaks to his character and his inability to maintain a safe environment for his patients. Patients come to doctors seeking care for physical and mental abnormalities. They trust us as physicians with their bodies...they can not come to the doctor's office fearing that they are in the pool of sexual options by their treating physician.
There are boundaries that require no relationships between physicians and patients for a reason. There is an imbalance of perceived position and power even in an outpatient setting. This imbalance is further exacerbated by the circumstance of this particular patient. She is being treated for chronic, severe depression, having personal marital issues both of which render her even more vulnerable. The psychiatrist took advantage of the weak state of his patient and preyed upon her vulnerabilities. His argument related to their relationship being a legitimate, consensual relationship rather than the exploitive one that he is accused of, loses validity because when asked by his patient to leave his wife, he had no intention to do so and ended the relationship at that time. Furthermore, the patient, although she remained in the relationship ‘willingly’, once it ended was identified as having an increased seriousness of her depression as well as an attempted suicide. Her suit was not brought forward until her current provider helped her identify that the actions of her psychiatrist were inappropriate.
Due to his position as psychiatrist, his precedent actions that speak to his character and current accusation, I would judge him to be entirely culpable. He put this particular patient at risk to serve his own sexual needs as well as other possible victims as those cases are still pending. He should lose his privilege and license to practice medicine.
~~last note...my heart does go out to single, small town physicians who treat their entire towns...how are they supposed to find a spouse in that setting?
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3 comments:
This doc sounds like he could use professional help himself. It's clear he put his own interests ahead of the well-being of his patient (discussing his own problems during therapy sessions, initiating a physical relationship, continuing as her doc after they were "dating"). So he broke the rule as well as the purpose of the rule, and should lose his license.
There's a temptation to judge the situation based on how their relationship turned out. If they both left their spouses, married each other and lived happily ever after, then how could it be wrong? It was destiny! But then where does the analysis end? Six months later when he seduces -- er, discovers a special bond with another patient? Instead of having to define "happily ever after" it's more practical to have standards everyone in the profession is expected to follow. Maybe with an exception for small town docs when no other competent doctor is available and they end up living happily ever after. ;)
Side note: adultery actually is illegal in about half of the U.S., I think, though not strictly enforced for obvious reasons.
Agreed. Even if both left their spouses - the end should not, in this case, ever justify the actions taken to approach the end...if that makes sense? It is not an equal relationship right from the beginning - probably not a healthy start to a relationship anyway. And I will reiterate my main point. Patients must feel safe to come to their doctor without fear of being judged as a potential sexual mate. Without this security, I personally would never go to a male physician.
Interesting re: adultery legality.
"Patients must feel safe to come to their doctor without fear of being judged as a potential sexual mate. Without this security, I personally would never go to a male physician."
unfortunately that relies on some assumptions.
I think it's better to just keep it in your pants and be a professional.
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