ALBANY – Finding a patient could bring a malpractice suit against a physician with whom she had a nine-month affair while he was treating her, the Court of Appeals nonetheless threw out a punitive damage award in her favor on the grounds she failed to show the doctor engaged in “evil or malicious conduct” beyond any breach of professional duty.
The panel left in place jury awards in favor of Kristin Kahkonen Dupree in her suit against Dr. James Giugliano, for past mental distress ($154,000), past loss of income ($134,000) and future mental distress ($50,000).
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