CopyCited 9 times | Published | Florida 4th District Court of Appeal
...nts. Robert M. Klein of Stephens, Lynn Chernay & Klein, Miami, and Debra Levy Neimark of Stephens, Lynn, Chernay & Klein, West Palm Beach, for appellee. PER CURIAM. Affirmed. We specifically reject appellants' claim that the legislature, by enacting section 458.329, Florida Statutes (1981), barring sexual misconduct by physicians, intended an exception to the statute barring claims for alienation of affection....
...Extreme emotional distress which results from dissolution of marriage or break up of the family relationship is necessarily barred by the cited statute. Finally, the alleged conduct of the Defendant, although qualifying as sexual misconduct prohibited by Section 458.329, Florida Statutes (1981), does not, as a matter of law, arise to the level as described by the court in Food Fair, Inc....
CopyCited 6 times | Published | Florida 1st District Court of Appeal | 11 Fla. L. Weekly 34
...Yero made a record of this unscheduled visit and marked Ms. Gibson's file "closed." In September of 1984, in response to a complaint filed by Ms. Gibson, the Department of Professional Regulation filed a three count Complaint with the Board against Dr. Yero. Count one alleged violations of Sections
458.329 and
458.331(1)(x), Florida Statutes (1983) for sexual misconduct with a patient....
...[2] The hearing officer also found that the evidence failed to establish that Dr. Yero exercised influence within a physician-patient relationship for purposes of engaging a patient in sexual activity. [3] The hearing officer *63 concluded that the Department failed to prove any violation of Sections
458.329,
458.331(1)(x),
458.331(1)(k) or
458.331(1)(t) [4] and recommended a dismissal of the administrative complaint....
...The Board's substituted finding represents an improper reweighing of the evidence. Because the Board based its final order on its substituted finding, the Board found it unnecessary to reach the question of whether Dr. Yero was guilty of violating either Section
458.329 or
458.331(1)(k) by engaging in sexual activities with Ms....
...NOTES [1] Although the hearing officer did not reject the testimony of Dr. Yero concerning Ms. Gibson's harrassment of, bizarre conduct towards, and threats made to him, the hearing officer did reject Dr. Yero's explanation that he "succumbed" to Ms. Gibson's demands for sexual intercourse. [2] Section 458.329, prohibits "sexual misconduct in the practice of medicine" which conduct is defined to include a physician's use of the physician-patient relationship to induce a patient to engage in sexual activity....
CopyCited 5 times | Published | Florida 5th District Court of Appeal | 1988 WL 51631
...r care. Thus the acts by Lieberman are not medical malpractice for purposes of applying the medical malpractice statute of limitations. Lieberman, however, argues that Florida has declared sexual misconduct to be professional malpractice by statute. Section 458.329, Florida Statutes, provides as follows: Sexual misconduct in the practice of medicine The physician-patient relationship is founded on mutual trust....
CopyPublished | Florida 5th District Court of Appeal | 1983 Fla. App. LEXIS 24113
PER CURIAM. Affirmed. We specifically reject appellants’ claim that the legislature, by enacting section 458.329, Florida Statutes (1981), barring sexual misconduct by physicians, intended an exception to the statute barring claims for alienation of affection....
...Extreme emotional distress which results from dissolution of marriage or break up of the family relationship is necessarily barred by the cited statute. Finally, the alleged conduct of the Defendant, although qualifying as sexual misconduct prohibited by Section 458.329, Florida Statutes (1981), does not, as a matter of law, arise to the level as described by the court in Food Fair, Inc....
CopyPublished | District Court of Appeal of Florida | 1997 Fla. App. LEXIS 8622, 1997 WL 422524
...gaging a patient in sexual activity. . Subsection
458.331 (l)(x), Florida Statutes (1995), specifies as a grounds for disciplinary action: (x) Violating any provision of this chapter, a rule of the board or department.... AHCA alleged a violation of section
458.329, Florida Statutes (1995), which provides: Sexual misconduct in the practice of medicine.-The physician-patient relationship is founded on mutual trust....
