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10/3/2018 » 10/5/2018
2018 Annual Meeting and CLE/CEU Presentation

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Walter Price IIIHuie, Fernambucq & Stewart, LLP, Birmingham, AL
Stuart T. O'NealBurns White, LLC West Conshohocken, PA

Member Achievement and Case News: Featured

Sex with Patient Not Insured Risk

Wednesday, July 4, 2018   (0 Comments)
Posted by: Tom Jensen
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Physician had tumultuous year-long affair with patient at her house, motel rooms and in clinic. Ultimately she sued alleging medical malpractice. Physician's insurer denied coverage under the malpractice insurance policy on grounds the claim did not arise out of professional services. Patient argued that failing to refrain from sex or failing to rebuke her sexual advances was a part of the professional services the physician should have rendered. Patient also argued physician was required as part of his professional services to avoid sexual misconduct with a patient exhibiting positive transference. Summary judgment for the insurer was affirmed in Beattie v. McCoy, 2018 Ohio 2535 (June 29, 2018). Court ruled that sexual conduct was not inextricably related to the medical or mental professional treatment that patient received. Thus physician's failure to avoid that conduct was not a professional service which he should have provided.

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