doctor treatment for sex - is it legal? ethical?

[samishalom]

What is the name of your state (only U.S. law)? California

A specialist doctor gave my wife an expensive treatment in exchange for sex she gave him. Did he commit any crime? Or broke the ethical code of his profession? As a result she kept going back to him for more treatment and giving him more sex. She never paid a bill, he never recorded any charges. they became secret lovers, he's married. When I found out about it, our marriage fell apart and the family broke up. I lost my family and became depressed, taking antidepressant medication, smoking and drinking, I'm almost dysfunctional. Do I have a right for a law suit against this doctor? Or should I report him to his professional association?
Please advice
Sam

 

[mistoffolees]

Yes, it is clearly wrong and might be illegal. You can certainly report him to the medical board in CA if you have hard evidence. Without hard evidence, you might simply be buying yourself a libel case.

However, you might as well start now in understanding that vengeance is not going to help you in the long run. Start looking forward rather than backward. Get your divorce and move on.

 

[Bali Hai]

What is the name of your state (only U.S. law)? California

A specialist doctor gave my wife an expensive treatment in exchange for sex she gave him. Did he commit any crime? Or broke the ethical code of his profession? As a result she kept going back to him for more treatment and giving him more sex. She never paid a bill, he never recorded any charges. they became secret lovers, he's married. When I found out about it, our marriage fell apart and the family broke up. I lost my family and became depressed, taking antidepressant medication, smoking and drinking, I'm almost dysfunctional. Do I have a right for a law suit against this doctor? Or should I report him to his professional association?
Please advice
Sam

The doctor and your wife may have violated CA prostitution laws. Since you have knowledge of a possible crime, you may want to consider reporting what you know to the DA's office.

 

[Zigner]

It's entirely possible that the wife met the doctor in a non doctor-patient setting and then used these "treatments" as a cover for their affair.

samishalom - the legal term you are looking for in response to this situation is "divorce."

 

[Bali Hai]

It's entirely possible that the wife met the doctor in a non doctor-patient setting and then used these "treatments" as a cover for their affair.

Possible, but not likely according to what OP has provided.

samishalom - the legal term you are looking for in response to this situation is "divorce."

The DA's office should be able to determine what actually happened, and, I'm sure the DA's office would be well aware of the defense posture you have provided.

 

[Zigner]

The DA's office should be able to determine what actually happened, and, I'm sure the DA's office would be well aware of the defense posture you have provided.

Ok, going with that - sure...the DA's office can take the ball and run with it. However, the OP has no direct recourse against the doctor. The only civil lawsuit he has would be against his wife...and that lawsuit is titled "divorce." I would also suggest grief counseling for the OP.

 

[Antigone*]

The DA's office should be able to determine what actually happened, and, I'm sure the DA's office would be well aware of the defense posture you have provided.

Really Bali, that is quite a stretch. I think Zigner is right. Divorce is the legal action the OP should be looking at. Unless the cheating wife says otherwise, this is clearly a lover taking care of another.

 

[Bali Hai]

Really Bali, that is quite a stretch. I think Zigner is right. Divorce is the legal action the OP should be looking at. Unless the cheating wife says otherwise, this is clearly a lover taking care of another.

The authorities might be interested in how many other "lovers" he has been "taking care of".

 

[Zigner]

The authorities might be interested in how many other "lovers" he has been "taking care of".

Or they might just chalk it up to a pissed-off husband who needs to divorce his cheating wife...

 

[Bali Hai]

Or they might just chalk it up to a pissed-off husband who needs to divorce his cheating wife...

They won't be able to decide anything if they aren't notified.

 

[Zigner]

They won't be able to decide anything if they aren't notified.

Yes .

 

[birdbrain53]

It's an ethical violation for the doctor to exchange sex for treatment.

See CA Business and Professions Code:
726. The commission of any act of sexual abuse, misconduct, or
relations with a patient, client, or customer constitutes
unprofessional conduct and grounds for disciplinary action for any
person licensed under this division, under any initiative act
referred to in this division and under Chapter 17 (commencing with
Section 9000) of Division 3.
This section shall not apply to sexual contact between a physician
and surgeon and his or her spouse or person in an equivalent
domestic relationship when that physician and surgeon provides
medical treatment, other than psychotherapeutic treatment, to his or
her spouse or person in an equivalent domestic relationship.

If this doctor is doing this with your wife, he's probably doing it with others

Make a complaint to the Medical Board of California.

 

[Free_Advice]

Legal, smegal. Never be able to a) prove it and b) who will care

Who is worse here the doctor or the wife .... my vote: wife

Sounds like the doctor has a flexible payment plan

 

[mistoffolees]

Legal, smegal. Never be able to a) prove it and b) who will care

Who is worse here the doctor or the wife .... my vote: wife

Sounds like the doctor has a flexible payment plan

Probably not too flexible.

Oh, wait. Did I say that out loud?