Legal Question in Medical Malpractice in Florida

Physician relationship with patient

I had an intimate relationship with my physician (mutually agreeable at the time), but have found out only recently that he was doing this for his sexual gain. When I found out I was pregnant by him he tried to convince me to have an abortion that he would perform himself. He misrepresented himself in the beginning of our relationship by using his status as a physician to have unprotected sex because he was tested annually by the hospital for HIV. I didn't have the abortion, and paternity was later established. He is continuing to maintain control over me but I think my statute of limitations is past. Is it possible to file a suit for my child since he wanted to abort him himself?


Asked on 8/20/02, 1:37 pm

1 Answer from Attorneys
Louis Lozeau Wright, Ponsoldt & Lozeau, Trial Attorneys, LLP

Re: Physician relationship with patient

I am unaware of any claim your child would have since he was not damaged as a result of not being aborted. The law requires some element of damage. As to your claim, I would have to speak with you some more to discuss whether any claims you may have are barred. You can reach me at 772.286.5566.

Best of luck.

Louis Lozeau

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Answered on 8/20/02, 2:58 pm


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