Plaintiffs in this case were two women and the husband of one of them who alleged that defendant doctor improperly entered into sexual relationships with the women. One of the women was a patient and the other was the mother of a patient who was dying of leukemia at the time of the sexual abuse. When the husband of the woman patient found out, he was unable to control his anger and “keyed” the defendant’s car.
The defendant claimed that the sexual relationships with the two women were strictly consensual, that he owed no duty under California law not to enter into a sexual relationship with the mother of a patient and that treatment of the other woman had essentially ended before the sexual relationship began. Further, defendant’s insurance company claimed no coverage and was threatening to rescind, i.e., cancel, the policies.
The law offices of Winer, McKenna & Burritt, LLP, was able to establish evidence of significant non-sexual boundary violations which would provide for insurance coverage and California law, by this time, outlawed sexual relationships between doctors and patients. Further, the law firm was able to establish enough evidence that the doctor not only treated the daughter, but the mother too, so that a sexual relationship was inappropriate.
RESULT: Settlement on behalf of plaintiffs for $300,000