Does a patient have a right to maintain a medical malpractice action against a psychiatrist who allegedly induced her to engage in sexual intercourse with him during the course or under the guise of psychiatric treatment?

8 For example, in upholding a patient's right to maintain a medical malpractice action when a complaint alleged that the defendant psychiatrist had "induced her to engage in sexual intercourse with him during the course or under the guise of psychiatric treatment," the court in Cotton v. Kambly, supra, 300 N.W.2d 627, 628-629, explained: "Part of plaintiff's claim is for medical malpractice, which has been defined as the failure of a member of the medical profession, employed to treat a case professionally, to fulfill the duty to exercise that degree of skill, care and diligence exercised by members of the same profession.... Plaintiff alleges that defendant induced her to engage in sexual relations with him as part of her prescribed therapy. We see no reason for distinguishing this type of malpractice and others, such as improper administration of a drug or a defective operation. In each situation, the essence of the claim is the doctor's departure from proper standards of medical practice.... The fact that defendant may also be subject to criminal and professional sanctions for his conduct is no reason for denying plaintiff her right to bring a civil action for malpractice."