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Doctor having sex with minor patient qualifies as tort of outrage.

In October 2001, the plaintiff sued his doctor in the Walker County Circuit Court for negligence, wantonness, medical malpractice, assault, and the tort of outrage. Testimony indicated that from approximately the age of 12 until the age of 21, the plaintiff traded sex with the doctor for prescriptions to addictive prescription drugs. In April 2009, the case was tried before a jury, which found for the plaintiff and awarded him $1 million in compensatory damages and $2 million in punitive damages.

In ruling on the doctor's appeal, the Alabama Supreme Court affirmed the jury's decision and concluded the following:

  • The sexual misconduct breached the standard of care under the Alabama Medical Liability Act (AMLA).
  • The improper prescription of addictive drugs breached the standard of care under the AMLA.
  • The evidence sufficiently supported that the physician's acts injured the patient.
  • The evidence sufficiently supported the plaintiff's assault claim.
  • The evidence sufficiently supported the plaintiff's tort-of-outrage claim.
  • The $1 million award of compensatory damages was not excessive.

See O'Rear v. B.H., decided on March 11, 2011.

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