Medical professionals are bound by licensing and ethical standards that prohibit them from engaging in romantic or sexual relationships with their patients. These regulations and codes ensure the patient’s well-being and the medical profession’s integrity.
What happens when the doctor-patient relationship ends and the two parties wish to pursue a romantic relationship? Can a doctor or licenced professional date a former patient then? How long should they wait before beginning a romantic relationship?
The answer is more complex than you might think. The American Medical Association (AMA) does not set specific requirements for when you can begin a relationship with a former patient; only the patient-physician relationship must first be terminated. But even then, is pursuing a relationship appropriate? Could it still cost you your career?
Is It Legal to Date a Former Patient?
The AMA Code of Medical Ethics Opinion 9.1.1 prohibits physicians from engaging in romantic or sexual relationships with their patients. These relationships are unethical and can create conflicts of interest that undermine doctor-patient trust and compromise vital patient care.
However, the exception to the rule is for former patients. If a doctor wishes to pursue a romantic, dating, or sexual relationship with a patient, they must first terminate the professional relationship.
Still, the Code of Ethics does not specify how long a physician should wait before dating a former patient. Instead, it suggests that physicians should avoid relationships that could harm the patient’s well-being or undermine the public’s trust in the medical profession. Physicians must use their best judgment regarding the patient’s well-being, even after formally terminating the physician-patient relationship.
When Is It Appropriate to Date a Former Patient?
There is no simple answer to this question, as each situation is unique. However, doctors should consider several factors when deciding whether to pursue a romantic relationship with a former patient.
When Considering if You Can Date a Former Patient Consider These 4 Factors:
- The potential impact of the relationship on the patient’s well-being
- The duration and previous intensity of the doctor-patient relationship
- The nature of the medical treatment provided
- The patient’s emotional state at the end of the doctor-patient relationship
When considering these factors honestly and thoughtfully, physicians can make informed decisions regarding whether it may be appropriate to pursue a romantic relationship with a former patient—ensuring that ethical lines are never crossed along the way.
What Constitutes an Unethical Relationship With a Former Patient?
According to the AMA Code of Ethics, a sexual or romantic relationship with a former patient can be considered unethical if the physician uses the trust, knowledge, emotions, or influence gained from the previous professional relationship to their advantage or if the romantic relationship could potentially harm the individual.
Unethical Relationships with a Former Patient Could Look Like:
- A doctor using information learned during the professional relationship, such as personal or emotional vulnerabilities, to pursue a sexual or romantic relationship with a former patient;
- A doctor pursuing a sexual or romantic relationship with a former patient who is vulnerable or who had a dependent relationship with the doctor;
- A doctor exploits the power imbalance inherent in the previous professional relationship to pursue an otherwise unwanted sexual or romantic relationship with a former patient.
Physicians pursuing a relationship with a former patient must be cautious about any power dynamics that could harm the patient, such as exploiting personal information or influencing decision-making. Ultimately, the physician must prioritize the well-being of their former patient above any personal desires.
Mental Health Professionals, Like Doctors, Must Be Extremely Cautious About Having Social Relationships with Former Patients
Mental health professionals pursuing relationships with former patients must be cautious about any power dynamics that could harm the patients, such as exploiting personal information or influencing decision-making. Ultimately, physicians must prioritize the well-being of their patients above any personal desires.
Mental health providers like psychiatrists, psychologists, and social workers should also be particularly vigilant about respecting doctor-patient relationship boundaries. Psychiatrists know sensitive and intimate information about their patients’ mental health histories and relationships. Therefore, a mental health professional seeking a romantic or sexual encounter with a former patient can easily commit serious ethical violations even if the physiatrist has not treated the patient for many years.
Mental health providers are ethically obligated to ensure that their patient’s information remains confidential. Because mental health stigmas are prevalent in society, a therapist’s duty of maintaining patient confidentiality includes safeguarding the fact that the patient even sought a psychiatrist’s treatment. Therefore, a psychiatrist can face disciplinary repercussions for simply acknowledging that he knows a current or former patient who he encounters in a public setting.
Are All Medical Professionals Bound by These Standards?
The answer is generally yes! Whether you are a dentist, social worker, nurse, or any other medical professional, there are ethical limitations on medical-patient relationships for all types of physicians.
What Makes Someone a Patient?
Even if a doctor only treats a patient a single time or conducts a patient’s initial intake, the physician forms a doctor-patient relationship with that person. Therefore, a doctor accused of inappropriate conduct with a former patient cannot raise a defense that he only treated the patient for a brief period or that she did not see the patient regularly as a defense to his alleged misconduct. Accordingly, all physicians should be careful about interacting with their patients outside of work.
Even when a doctor does not intentionally leverage his position of power against his former patient, it is easy to see how a patient could feel manipulated or unduly.
What Are the Potential Consequences of Dating or Socializing with a Patient?
Engaging in a romantic or sexual relationship with a former patient can lead to disciplinary action from the Illinois Department of Financial and Professional Regulation (IDFPR).
Doctors who cross these ethical and licensing boundaries also risk damage to their reputation, loss of patients, and legal action from the patient or their family.
Don’t Lose Your License. Contact 1818 Today.
If you are facing an investigation or disciplinary action from IDFPR related to a relationship with a former patient, you need legal representation from a qualified attorney.
At 1818, our experienced team of healthcare license defense attorneys understand the complex legal and ethical considerations in cases involving doctor-patient relationships. We are committed to helping our clients protect their medical licenses and reputations by providing strategic legal guidance throughout any investigatory or disciplinary process.
Don’t let a mistake jeopardize your livelihood. Contact us today to schedule a free consultation and learn how we can help defend your license and future.
