Is it OK for a surgeon to have a romantic relationship with a patient? Morals and marital status aside, not unless the physician has documented that the doctor-patient relationship is over.
The California Medical Board last month disciplined a prominent plastic surgeon for having a sexual relationship with a former patient a few months after he performed breast augmentation surgery on the woman. By all accounts, the 3-month relationship in late 2006 was consensual, but Darshan Shah, MD, of Bakersfield, Calif., failed to document in the patient's chart that the doctor-patient relationship was severed. He also failed to follow standard practice by sending his former lover a dismissal letter by certified mail, according to medical board records.
"By having a sexual relationship with his patient, [Dr. Shah] engaged in sexual exploitation of his patient ," says the medical board. Mike Khouri, Dr. Shah's attorney, countered by saying, "Nobody starts a romantic relationship by writing a certified letter."
Effective Dec. 9, the medical board has placed Dr. Shah, 38, on probation for 5 years, during which he must undergo a psychiatric examination, attend professional ethics programs and have a third-party chaperone present when with a female patient.
Mr. Khouri says the relationship began several weeks after the two had clearly severed their doctor-patient ties. The woman, now married to a plastic surgeon whom Mr. Khouri calls a competitor of Dr. Shah's, came forward with her story more than 3 years after her relationship with Dr. Shah ended, he adds.
According to the California Business and Professions Code, any physician who engages in sexual activity with a patient — or a former patient when the physician-patient relationship was ended primarily for the purpose of engaging in those acts — is guilty of sexual exploitation. The code further provides that in no instance shall the consent of the patient be a defense.
"The best advice for physicians is never to have a romantic relationship with a patient or a former patient, but I understand that there will always be such relationships," says Mr. Khouri. "The best thing for doctors to do if they find themselves in a situation is to document in the chart that the patient is referred to another physician and that care is terminated at that office."
Dan O'Connor
