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NY court says affair was medical malpractice

New York's top court has ruled it was medical malpractice for a Long Island family doctor to have an affair with a married patient he treated for anxiety and depression.

But the Court of Appeals also ruled the patient shares fault since both individuals sought repeated sexual encounters.

In a 6-0 decision, the court approved damages charges to Kristin Kahkonen Dupree but took away a punitive award made by a Suffolk County court. Dupree sued Southampton Dr. James Giugliano - who had argued that the affair was consensual — for malpractice in 2005.

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