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Ethics of doctors dating patients

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Why then does the AMA absolutely prohibit sexual relationships with consenting adult patients?Perhaps it would be too expensive or time-consuming to scrutinize the propriety of these relationships and the effectiveness of consent on a case-by-case basis.The subject of physician-patient boundaries illustrates how well-intentioned policy can be written in a way that is simply too shallow to serve the goals of ethics.

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While crossing these boundaries is not always a disciplinary matter, they may call into question your professionalism.

Sexual relationships with patients are problematic, not only because they may be unethical and may compromise patient care, but because they may lead to civil actions for damages, criminal actions, and disciplinary proceedings by state medical boards. Consent is not a defense to a charge of statutory rape or sexual imposition on a minor. The American Medical Association Council on Ethical and Judicial Affairs states categorically that "[s]exual contact that occurs concurrent with the physician-patient relationship constitutes sexual misconduct" (Opinion 8.14).

While concern focused originally on relationships between patients and psychiatrists, it is now generally recognized that the problem extends to non-psychiatric physicians as well. Suppose a state medical board seeks to discipline a physician for having an affair with a patient, but both the patient and the physician insist that the patient consented to the relationship. In an article in JAMA announcing the policy, the Council rejected the position that sexual relationships should be permitted with the patient's consent on the ground that "the relative position of the patient within the professional relationship is such that it is difficult for the patient to give meaningful consent to such behavior." It is interesting that the AMA categorically condemns sexual relationships to which patients allegedly consent.

Our contemporary attitude toward such encounters is to label them, categorically, as "unprofessional conduct." Given that there is no surveillance of this behavior, physician-patient sex comes to the attention of regulatory agencies only when the patient complains. The nominal standard establishes a rule of "no overlap": a physician-patient relationship must not coexist with a romantic-sexual relationship.

The AMA says: "Sexual contact that occurs concurrent with the physician-patient relationship constitutes sexual misconduct.