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Man Sues Shrink For Dating Ex-Wife

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By Tanya Roth, Esq. on February 19, 2010 12:13 PM

A Michigan man is suing his shrink for medical malpractice.

But this isn't the usual malpractice case. It doesn't involve a bad choice of medication or a faulty diagnosis. Rather, the man is suing his psychiatrist for dating his ex-wife.

The patient, Steven Kay, was being treated by Harvey Rosenberg. Kay claims that he was seeing Rosenberg for treatment during his difficult breakup with his ex-wife, whom he claimed he still loved.

The lawsuit, filed in Oakland County Circuit Court, seeks restitution of $87,000 in medical fees paid to Rosenberg, in addition to adequate compensation for all damages sustained.

Kay alleges medical malpractice, stating that Rosenberg began dating Kay's ex-wife while Kay was still a patient. As such, Kay alleges in his complaint, the doctor violated his duty to his patient and breached the applicable standard of psychiatric care by dating the wife of his patient -- especially when the ex-wife was a huge factor in Kay's adverse mental condition.

Kay is specifically citing "medical negligence." In order to succeed on such a claim, generally, one must show that (1) the doctor had a duty owed to the patient, (2) that the applicable standard of care was breached, and (3) that the breach caused an injury to the patient.

If the allegations are true that Mr. Kay's psychiatrist began dating the ex-wife who was a contributing factor in Kay's mental condition, this could well be a breach of the standard of care psychiatrists owe their patients.

In addition to suing Rosenberg for monetary damages, Kay has also filed a grievance with the medical licensing board.

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