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Q: Attorney Tully, can you sue your family doctor for medical malpractice based on the doctor having sexual relations (an affair) with the patient?
A: This is a tough one. As you know, our office represents personal injury victims who have been physically injured due to the carelessness of someone else. Another aspect of personal injury claims involves psychological injuries which are very real and can lead to a money settlement in many cases. However, Pennsylvania Courts have not yet expanded malpractice claims to family doctors based on an absolute prohibition against consensual sexual relations with a patient. Affairs by “specialists” are a different matter. Call me. No recovery/no fee.
