New York’s highest court says it was medical malpractice for a Long Island family doctor to have an affair with a married patient he treated for anxiety and depression but also ruled she shares fault since they both sought repeated sexual encounters.
The Court of Appeals has upheld a jury award of $338,000 in damages to Kristin Kahkonen Dupree. The jury set her fault at 25 percent and reduced damages by that much.
The Court of Appeals is stripping another $166,000 in punitive damages, finding no malicious conduct by Dr. James Giugliano.
The nine-month affair ended in 2002. Dupree’s husband sued for divorce. She sued Giugliano for malpractice in 2005.
Her lawyer argued her romantic feelings resulted from “eroticized transference.” Giugliano’s lawyer said the affair was consensual and unrelated to treatment.