A New York Court of Appeals judge upheld a medical malpractice jury verdict on Thursday, November 29, 2012 against a NY therapist who engaged in a sexual affair with a married patient. The doctor had been treating the married woman for anxiety and depression.
The patient, Kristin Kahkonen Dupree, sued her doctor therapist, Dr. James Giugliano, in 2005 for breach of professional duty after her nine-month affair with the doctor ended. She claimed in her medical malpractice suit that the doctor took advantage of her emotional state in starting the affair. When Dupree’s husband found out about the affair after it ended, he filed for divorce.
The jury found that Giugliano was 75% at fault for the affair, and awarding Dupree personal injury money damages of over $250,000.
The appeals court judge held that the jury’s finding that the affair interfered with Dupree’s treatment enough to constitute medical malpractice was reasonable.
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