California, United States of America
The following excerpt is from Atienza v. Taub, 194 Cal.App.3d 388, 239 Cal.Rptr. 454 (Cal. App. 1987):
2 It is not our view that only psychiatrists can be liable for medical malpractice under circumstances involving sexual relations with a patient. Clearly, the key element is not the physician's specialty, but whether, within the scope of his practice, he engaged in sexual relations with a patient under the guise of rendering professional services. The fact that the authorities cited to us and those which we have independently considered, all relate to mental health professionals reflects the greater propensity of psychiatric patients to develop strong emotional dependence upon their physicians in what is called the transference phenomenon and, correspondingly, the greater possibility for emotional exploitation of the patient. (See Zipkin v. Freeman, supra, 436 S.W.2d at p. 755, fn. 1.)
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