Doctor Sued for Sex Treatment for Back Pain

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10-04-2005, 07:47 PM
Cipher

Doctor Sued for Sex Treatment for Back Pain

http://news.yahoo.com/s/nm/20051004/...BhBHNlYwM5NjQ-

Quote:

SEATTLE (Reuters) - An Oregon woman whose doctor convinced her that he could cure her lower back pain by having sex with her is suing him and his medical clinic for $4 million, according to legal documents obtained on Monday.

The doctor, Randall Smith, who was 50 at the time, was stripped of his license and sent to jail for 60 days last year for charging the state's Oregon Health Plan $5,000 for his 45-minute "treatments" involving the woman.

"Dr. Smith's medical treatment included intercourse in which he told plaintiff was needed to help alleviate plaintiff's lower back and lower extremity pain," the former patient said in the lawsuit.

The lawsuit, which charges battery, negligence and intentional and negligent infliction of emotional distress, was filed on Friday in Multnomah County court.

"We never comment on lawsuits," said a spokesman for the Adventist Medical Group clinic in Gresham, Oregon where Smith worked. Smith could not be located for comment.

Though he pleaded guilty to submitting false health care claims, a felony, Smith maintained the sex with the 47-year-old woman was consensual.

Discuss. Is this a believable case? Would someone really believe their doctor if they were told something like this?
10-04-2005, 07:50 PM
Shlup

Well... maybe the woman's retarded.
10-04-2005, 07:52 PM
Rengori

Quote:

Originally Posted by ShlupQuack

Well... maybe the woman's retarded.

I was thinking the same thing.
10-04-2005, 07:55 PM
Necronopticous

These cases never surprise me because I think what is usually the case is that the woman sees the opportunity to go along with it and sue the guy afterward. I don't think she was tricked into it, I think she was willing to have sex with him in order to sue him for a ridiculous amount of money after the fact.
10-04-2005, 07:57 PM
Cipher

I was thinking along those same lines too, until I noted that he was also thrown in jail because he included it in his report when trying to collect money from the Insurance Company for the treatment.

I don't know, it all sounds kind of fishy. Perhaps both of them are hiding something?
10-04-2005, 08:13 PM
Rye

Quote:

Originally Posted by ShlupQuack

Well... maybe the woman's retarded.
10-04-2005, 08:14 PM
Madame Adequate

Given the uh... pneumatics involved, I imagine it wouldn't be too hard for a doctor to convince a layperson that sex could have a beneficial effect on back pain.

Have to say I think Necronopticous might be onto something here though.
10-04-2005, 08:26 PM
eestlinc

regardless of the woman's motived and/or stupidity, it's the doctor's responsibility to behave professionally.
10-04-2005, 08:47 PM
Madame Adequate

Quote:

Originally Posted by eestlinc

regardless of the woman's motived and/or stupidity, it's the doctor's responsibility to behave professionally.

Entirely true, but that doesn't abso9lve her of any wrongdoing.
10-04-2005, 08:56 PM
eestlinc

I'd say it does. Is a minor guilty of statutory rape because they had sex with an adult? The question of consent is irrelevant.
10-04-2005, 09:16 PM
edczxcvbnm

A minor doesn't have rights though...at least not the full capacity to make such decisions. This woman did.
10-04-2005, 10:26 PM
DarkLadyNyara

Meh, I'm just gonna chalk this up to the universal law of "People Do Stupid S**t".
10-04-2005, 10:32 PM
DocFrance

I think they're both idiots, and should be sterilized immediately to remove them from the gene pool.
10-04-2005, 10:41 PM
Rikku_Is_Me

Quote:

Originally Posted by DocFrance

I think they're both idiots, and should be sterilized immediately to remove them from the gene pool.

LMAO!!! How true...
10-04-2005, 10:57 PM
Cipher

On a related note... I'm not sure how many of you are in the medical field, but prior to becoming a doctor, isn't there some sort of psych exam that doctors have to to through to make sure they're of sound mind and body?

If not, given this story and hundreds similar to it...do you feel that there should be? Seems to me that it would cut down on a huge number of quacks we have in this country.
10-04-2005, 11:18 PM
?????

What, like it's hard to fake desirable answers on psych exams?

Necron's probably right. The court system these days is heavily in favor of women.
10-04-2005, 11:47 PM
DarkLadyNyara

Quote:

I think they're both idiots, and should be sterilized immediately to remove them from the gene pool.

I agree.
10-05-2005, 01:45 AM
Teek

Quote:

Originally Posted by eestlinc

I'd say it does. Is a minor guilty of statutory rape because they had sex with an adult? The question of consent is irrelevant.

It depends on her case. If it's that he suggested it and she sued him after the fact, it seems pretty relevant to me.
10-05-2005, 02:01 AM
ZeZipster

45 minutes and he was charged with battery. Wow, that must've been some really kinky back treatment.
10-05-2005, 03:09 AM
Madame Adequate

Quote:

Originally Posted by eestlinc

I'd say it does. Is a minor guilty of statutory rape because they had sex with an adult? The question of consent is irrelevant.

Unless she seriously did have a mental impediment, she had the full capacity to not sleep with him.
10-05-2005, 03:27 AM
Raistlin

Quote:

Originally Posted by I'm my own MILF

Quote:

Originally Posted by eestlinc

regardless of the woman's motived and/or stupidity, it's the doctor's responsibility to behave professionally.

Entirely true, but that doesn't abso9lve her of any wrongdoing.

Yes, but she did nothing illegal. If she did, in fact, go by the doctor's suggestion solely to sue him afterward, I would say that's immoral, but cannot be criminalized. The mere fact that the doctor seriously and professionally reccomended the sex is what is the issue here - and that is wrong and disgusting.

The doctor is fully responsible for his own diagnosis and treatment. Whether the woman agreed to it or not - he should lose his license, and be heavily fined. Possibly thrown in jail for a while.
10-05-2005, 11:56 PM
Rye

I think both should be punished for it. Her for being immoral enough to do that just to sue him, and the doctor for even recommend it.
10-06-2005, 12:05 AM
Necronopticous

I think they should just drop the case and get married.
10-06-2005, 02:36 AM
ShunNakamura

Simply put unless the woman can prove she went along cause she actually believed him(beyond a doubt) I would just take the guys liscense away and jail him for a bit. Don't give the lady money if she also commited a wrong. And using people is wrong in my book, so meh.
10-06-2005, 02:39 AM
?????

Quote:

Originally Posted by Necronopticous

I think they should just drop the case and get married.

owned.
10-06-2005, 04:17 AM
Raistlin

Quote:

Originally Posted by ShunNakamura

Simply put unless the woman can prove she went along cause she actually believed him(beyond a doubt) I would just take the guys liscense away and jail him for a bit.

The woman's actions/gullability/immorality does not change the actions of the doctor, nor should he get a lesser penalty if somehow it is proven that she went along with it just to sue him.

The doctor's the criminal here. The woman's intentions or motives are irrelevent.

However, the doctor's probably going to end up paying like $5 million in punitive damages, which of course isn't right. Yes, he should owe her for whatever direct damage he caused, but I don't see any evidence of any.
10-06-2005, 04:38 AM
ShunNakamura

Well that is more or less what I am getting to. Yes he should get jailed and the normal(perhaps the state can get the money rather then rewarding it to the scandeler).

However, if the lady did it purposefully and suffered no true damage from it. She shouldn't get a thing. Awarding corruption is never a good thing.
10-06-2005, 05:22 AM
Vyk

She probably thought she was gonna get her back fixed and get laid. Turns out she just got laid, so she sued. Either he's cute, or she's desperate. In any case, he said it'd fix her. It didn't. So despite the morality on either party, he was wrong, and that's like... malpractice or something.
10-06-2005, 07:08 AM
udsuna

1. Psych tests run on potential physicians are PATHETICALLY inadaquite. Anyone with the intelligence to pass even rudimentary medical training would have the ability to pass one of these tests. They're also relatively new.... the guy's 50, chances are he's not getting pestered. Also, he's in a pain management field.... the true "competency" exams are saved for fields like surgical, or other spots where the patient would be medicated while in care.

2. To be absolutely honest, I could believe that even an intelligent, normally rational person could be willing to agree to something like that. Back pain is beyond horrible, for those who suffer the worst kinds. It results in no small number of suicides a year, and is the leading source in seekers of "alternative" medicines like accupuncture and faith-healing. There was this a case of a guy who tried to break his own neck, to create full paralysis (and thus, the innability to feel his back and the pain withing)..... it's POSSIBLE.... but not too likely.

3. Strangely, it's a known fact that sex is one really good way to relieve pain. Endorphines and andrenaline make for a lot. The theory of using it as a treatment of physical ailments is quite popular, and has been for centuries in many parts of the world.

4. Note the word "allegedly"- any party could be lying their asses off.
10-09-2005, 02:41 AM
DMKA

Either she was retarded or she had a lawsuit in mind.
10-09-2005, 04:43 AM
krissy

Quote:

Originally Posted by Raistlin

The doctor's the criminal here. The woman's intentions or motives are irrelevent.
10-09-2005, 05:54 AM
Lionx

All i have to say is, this is the most amusing thing i seen XD