SEXUAL RELATIONSHIPS BETWEEN PHYSICIANS AND PATIENTS

In the face of evidence suggesting that there is a substantial inciden ce of sexual contact between physicians of all specialties and their p atients, the medical profession and the courts have not yet reached a consensus regarding appropriate responses. Some commentators, includin g the American Medical Association, have urged bans on sexual contact during treatment and extensive restriction of posttreatment sexual rel ationships. Others favor looser restrictions, particularly after termi nation of the physician-patient relationship. These differences in app roach stem from the varying importance given the two conflicting value s involved: (1) protecting patients from being harmed by unfair manipu lation by physicians and (2) insulating choices about intimate relatio nships from intrusion by society. We propose a model for balancing the se interests that would bar sexual contact during the physician-patien t. relationship and for a fixed period after termination; thereafter, in most cases, sexual relationships would not be proscribed. A waiting -period approach of this sort is likely to diminish most of the harms that might result from physician-patient sexual contact and may consti tute a template for the resolution of similar issues elsewhere in soci ety.