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    Doctors dating patients massachusetts

    Moreover, courts have indicated that, despite the physician's greater power within the relationship, they are willing to consider on a case- by-case basis whether to uphold agreements between patients and physicians in which the patient agrees not to sue the physician for malpractice.Why then does the AMA absolutely prohibit sexual relationships with consenting adult patients?In order to use Medscape, your browser must be set to accept cookies delivered by the Medscape site.Medscape uses cookies to customize the site based on the information we collect at registration.The cookies contain no personally identifiable information and have no effect once you leave the Medscape site.Sexual relationships with patients are problematic, not only because they may be unethical and may compromise patient care, but because they may lead to civil actions for damages, criminal actions, and disciplinary proceedings by state medical boards. Consent is not a defense to a charge of statutory rape or sexual imposition on a minor. The American Medical Association Council on Ethical and Judicial Affairs states categorically that "[s]exual contact that occurs concurrent with the physician-patient relationship constitutes sexual misconduct" (Opinion 8.14).These are just a few of the diverse responses to an exclusive Medscape ethics survey that asked physicians of all specialties: Could you become involved in a romantic/sexual relationship with a patient?The survey ran from August to September 2010, and more than 10,000 physicians responded.

    What about sexual relationships after the patient-physician relationship has ended?

    When I first started, I had about 8-10 new patients a month.

    In the spring, Carter said, a physician in the practice got a serious neck injury while pulling out the exam-table foot rest for a 284-pound patient.

    While concern focused originally on relationships between patients and psychiatrists, it is now generally recognized that the problem extends to non-psychiatric physicians as well. Suppose a state medical board seeks to discipline a physician for having an affair with a patient, but both the patient and the physician insist that the patient consented to the relationship. In an article in JAMA announcing the policy, the Council rejected the position that sexual relationships should be permitted with the patient's consent on the ground that "the relative position of the patient within the professional relationship is such that it is difficult for the patient to give meaningful consent to such behavior." It is interesting that the AMA categorically condemns sexual relationships to which patients allegedly consent.

    The American Bar Association, for example, although taking a dim view of these relationships, does not absolutely rule out the possibility that a client has given effective consent: The lawyer may be called upon in a disciplinary or other proceeding to show that the client consented, that the consent was freely given based on full and reasonable disclosure of the risks involved, and that any ensuing sexual relationship did not in any way disadvantage the client in the representation; that is, the attorney's judgement remained independent, the representation proceeded free of conflicts, the privilege was not compromised and the other ethical obligations to the client were fulfilled.

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