The first is how to avoid disciplinary actions. The second is how to avoid liability from employment claims. If you operate your practice with these goals in mind, vulnerability to malpractice claims or criminal prosecution based upon sexual misconduct can be greatly reduced. Although there have been more complaints for over utilization and billing practices, in our experience, the complaints for sexual misconduct are much more likely to result in disciplinary action. The rationale for prohibiting sex between doctors and patients is that patients are in a uniquely vulnerable position with respect to doctors.
Patients rely upon doctors.
Nearly every doctor experiences at some point in his or her career a patient who becomes emotionally dependent and will do nearly anything to please the doctor. To protect patients, the Colorado legislature has drawn a bright line that should not be crossed. Other allegations have included the doctor placing a patient's hand on the doctor's crotch and a doctor having sex with a patient on the treatment table. Most complaints focus on allegations of inappropriate touching of breasts, buttocks, or genital areas. Even doctors with the best of intentions have been faced with complaints alleging sexual misconduct.