State laws vary significantly with respect to whether sex with a patient is malpractice. Some courts have found that sex between a doctor and a patient can be malpractice because it breaches the doctor's fiduciary relationship. Other courts have held that sex with a patient is an intentional act versus an unintentional act arising from negligence. In addition, some courts have also held that doctors who say that sex is therapeutic have committed fraud. Thus, you should get a free consultation with a lawyer in your state who knows the law in your state.
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Sex between doctors and patients occurs mroe frequently than you might think. It is highly unethical on the part of the doctor, but not necessarily malpractice depending on the laws of the individual state. I agree that you should seek consultation with a medical malpractice lawyer to determine what rights you have under the law of your state.
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Malpractice implies a breach of a duty and an actual loss. Unless you have some loss, it may not constitute a viable malpractice claim. You have have sufficient loss given what you describe with the emotional trauma. Honestly, I am not sure as I do not typically handle medical malpractice claims.
HOWEVER, it is clearly a breach of his fiduciary and/or ethical duties as a licensed physician in the State of Florida. Therefore, I would recommend you at the very least file a complaint against the doctor with the Division of Business & Professional Regulation (DBPR). You can find a complaint format and FAQ's on the DBPR website; you can go to www.myflorida.com. You may want to consult with an attorney about the malpractice and, if you like, to guide you on the ethical complaint.
Also, what he did might have constituted criminal conduct. Again, you may want to consult with counsel but you might want to consider contacting the police and pursuing a criminal complaint.
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