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THIERFELDER v. WOLFERT

No. 97 MAP 2009.

52 A.3d 1251 (2012)

David THIERFELDER and Joanne Thierfelder, H/W v. Irwin WOLFERT, M.D. and Medical Center at Gwynedd and Abington Memorial Hospital. Appeal of Irwin Wolfert, M.D.

Supreme Court of Pennsylvania.

Decided September 28, 2012.

Attorney(s) appearing for the Case

John J. Hare , Kimberly A. Boyer-Cohen , Marshall, Dennehey, Warner, Coleman & Goggin, P.C., Philadelphia, for Irwin Wolfert.

Barbara S. Magen , Donald N. Camhi , Teresa Ficken Sachs, Post & Schell, P.C., Philadelphia, for Medical Center at Gwynedd and Abington Memorial Hospital.

Bruce Gerald Cassidy , Philadelphia, Michael W. Landis , Bruce G. Cassidy & Associates, P.A., Trevose, for David and Joanne Thierfelder.

BEFORE: CASTILLE, C.J., SAYLOR, EAKIN, BAER, TODD, McCAFFERY, JJ.

OPINION

Chief Justice CASTILLE.

The question presented in this case is one of first impression for this Court: whether a medical general practitioner who provides incidental mental health treatment to a patient, with whom he then engages in a sexual affair, may be held to a particularized "specialist duty," applicable to mental health professionals, that prohibits consensual sexual contact with patients, such that the defendant general practitioner...

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