Legal Question in Medical Malpractice in California
My wife and I were married for 22 years with teenage kids. My wife selected a gynecologist to be her doctor at the hospital where she worked. The gynecologist is a male,~60 years old, married for 34 years with grand kids. He has a long and thriving practice and is widely respected for his prolife stance. My wife, then 46 years, was a registered pediatric nurse at the California hospital where the gynecologist delivered babies. My wife delivered babies with the gynecologist at the hospital where they were both employed. In May 2007 after a routine medical appointment with the gynecologist, an affair started. The gynecologist promised my wife a new car as a gift, they took a fling to Las Vegas, they had a sexual relationship, and over a period of 6 months they exchanged over 2000 text messages. I confronted my wife at a licensed marriage councelor. She confessed to the affair. She said the gynecologist would stop seeing her. However, the affair and texting continued into at least October 2008. She could not break off the relationship or communication. She sought legal counsel in April 2008 against the doctor but failed to follow up on the charges. I talked with the attorney that she retained. I assume the gynecologist bought her out or informed her of the blacklisting of medical employees who sue doctors. I wrote the gynecologist's wife a one-page letter, but she did not answer. For whatever reason, my wife choose to continue the affair with the doctor, she being his patient. He wrote her perscriptions. My wife filed for divorce in September 2008, and the marriage terminated in July 2009. My exwife now has taken no action against the doctor. They still work together corgially in the same hospital. Question: Is there any action I should take against the gynecologist? I checked with the Medical Board of California. The Board said without my wife's approval, I could not bring an action against the doctor. The hospital's PR people told me that any doctor can have sex with a patient and/or an affiliated nurse after hours as long as it is off the hospital premises. I do not want to affect my exwife's job situation, as she and I have joint custody of the teenage boys. Is this the sad state of medicine today? What, if anything, should I do?
2 Answers from Attorneys
There really isn't anything you can do beyond what you already have done. Many years ago, the could have sued the doctor for a claim called "alienation of affection", but California and most other states have done away with this type of claim.
I am not so sure. I would look up a couple of things.
Best,
Daniel Bakondi, Esq.
415-450-0424
The Law Office of Daniel Bakondi, APLC
870 Market Street, Suite 1161
San Francisco CA 94102
http://www.danielbakondi.com
IMPORTANT NOTICE: This communication may contain confidential information, privileged information, or attorney work product. If you are not the intended recipient or received this message in error, any use or distribution of this message is strictly prohibited and unlawful. Please notify the sender immediately, and delete this message. No attorney-client nor confidential relationship is created through this communication. Nothing communicated or provided constitutes legal advice nor a legal opinion unless it so specifies and written agreement for attorney services has been entered into. Attorney licensed in California only. Your issue may be time sensitive and may result in loss of rights if you do not act in time. Thank you.
Related Questions & Answers
Looking for something else?
10,200 active attorneys ready to answer your legal questions today.
Featured Attorneys
Earn additional revenue and grow your business.
