Various licensing boards such as the APA and AMA would most likely hold this was a violation of their codes of ethics regarding dating a current or former patient. Most licensing boards prescribe a waiting period before a practitioner should date a former patient, such as 2 years after the termination of the professional relationship.
The standard of care depends on the specific community and must be addressed by a psychiatrist. It is most likely a breach of the fiduciary duty because it can be argued that the psychiatrist may be taking advantage of the vulnerability of the former patient because the psychiatrist had a disparate professional relationship with the former patient.
(1) Beware of advice from out of state attorneys. (2) I used to do litigation for the WA Medical Disciplinary Board. (3) The basic rule is no sexual contact with a patient. (4) The Board would probably find the conduct you describe as a violation of the ethical code for physicians. (5) The patient should contact a PI attorney to evaluate the situation.
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Consult with a Washington state attorney. Your case has specific facts that a licensed state attorney in Washington who is well-versed in the laws of your state is better equipped to handle.
In the context of a lawsuit for malpractice in the health care field, the starting point for analysis is RCW 7.70. (http://apps.leg.wa.gov/RCW/default.aspx?cite=7.70). It is also necessary to consider the boundaries of Washington State common law, i.e. MILLER v. JACOBY, 102 Wn. App. 256 (2000) (http://www.mrsc.org/wa/courts/index_dtSearch.html). To determine whether a health care provider was negligent, you need another health care provider in the same field to testify that the treating provider failed to follow the accepted standard of care.
You should call a personal injury attorney who does medical malpractice cases.
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