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The Court of Appeals recently upheld a finding of liability against a physician—a family practitioner—for medical malpractice stemming from a sexual relationship he had with a patient. The Court’s decision in Dupree v. Giugliano, —N.Y.3d—, 2012 WL 5948963 (2012), clarified the standard for liability in medical malpractice in such situations, which are sadly not uncommon. This column discusses that decision and the opinions of the majority and dissent from the Appellate Division in the same case, and reviews the chronology of the prior case law addressing claims of this nature.

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