Haley v. Medical Disciplinary Board

818 P.2d 1062, 117 Wash. 2d 720, 1991 Wash. LEXIS 406
CourtWashington Supreme Court
DecidedNovember 7, 1991
Docket57521-5
StatusPublished
Cited by191 cases

This text of 818 P.2d 1062 (Haley v. Medical Disciplinary Board) is published on Counsel Stack Legal Research, covering Washington Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Haley v. Medical Disciplinary Board, 818 P.2d 1062, 117 Wash. 2d 720, 1991 Wash. LEXIS 406 (Wash. 1991).

Opinions

Guy, J.

The Washington State Medical Disciplinary Board imposed sanctions against Dr. Theodore Haley after ruling that his sexual relationship with a former teenage patient constituted unprofessional conduct. Dr. Haley appeals the Board's decision. We affirm the Board.

Facts

M.1 was involved in an automobile accident that required the emergency removal of her spleen on May 24, 1986, 2 days before her 16th birthday. The surgeon per[723]*723forming the splenectomy was Dr. Theodore Haley, a 66-year-old general surgeon and former state legislator then practicing medicine in Tacoma. Dr. Haley was the surgeon on duty for emergencies at the hospital where M. was taken following the accident; he had no prior contact with her. After the surgery, Dr. Haley provided brief follow-up care for M. The last postoperative visit was on June 10, 1986. On December 1, 1986, M. contacted Dr. Haley to discuss the scar resulting from the surgery. Dr. Haley advised her to see a plastic surgeon and told her that she need not see him again because there was no need for further treatment.

Early in March 1987, M., accompanied by a friend, stopped by Dr. Haley's office for a brief social visit "on an impulse to see the doctor that had operated on her." One of the nurses in Dr. Haley's office testified that, whereas on previous visits M. had "looked like a teenage patient", on this occasion she "looked like a beautiful sophisticated woman". About a week later, M. returned for a second visit. Dr. Haley gave her three glasses of wine and then kissed her on the cheek after walking her to her car. She returned again in another week, and this time, by Dr. Haley's account, they engaged in kissing, hugging, and sexual foreplay in a room used to receive patients. Dr. Haley gave her his beeper number and asked her to call him. She did so a week later, and shortly thereafter — at the end of March or early April — they began a sexual relationship.

In March 1987, M.'s parents received an anonymous phone call informing them of an inappropriate social relationship between M. and Dr. Haley. M.'s parents dismissed the call out-of-hand. They knew of Dr. Haley only as the respected surgeon who had operated on M.

M.'s parents learned of Dr. Haley's relationship with their daughter in the early morning hours of April 6, 1987. At about 3 a.m., they discovered that M. was not in her room and not in the house. Assuming his daughter would be returning home soon, M.'s father parked his car across the street and waited. After about an hour, a pickup truck [724]*724pulled in front of the house, and M. got out and went inside. According to M.'s father, he pulled his car in front of the truck, which then sped away, and he gave chase. M.'s father testified that he chased the truck for 10 or 15 minutes through predominantly residential areas at speeds of 40 to 60 miles per hour, and then followed it into a parking lot where it came to a stop. M.'s father stated that he was "flabbergasted" when Dr. Haley stepped out of the truck. He also said that Dr. Haley suggested they sit down and have a cup of coffee together, an offer he declined. After a short confrontation, M.'s father drove away.

Dr. Haley's recollections differ as to what occurred after he drove away from M.'s parents' house. Dr. Haley denied trying to evade M.'s father, and testified that after he dropped M. off and pulled away, he noticed someone following him. Reasoning that it was M.'s father and that he was probably upset, Dr. Haley stated that he drove until he found an all-night restaurant where they could sit down and talk. His memory of the ensuing encounter in the parking lot agrees with M.'s father's.

A couple of days later, M.'s father telephoned Dr. Haley at his office. M.'s father told Dr. Haley that he would forget the whole affair if Dr. Haley would have no further contact with M. According to M.'s father, Dr. Haley agreed. However, Dr. Haley later unsuccessfully requested of M.'s mother permission to see M. Despite the opposition of M.'s parents, Dr. Haley and M. continued to see one another in secret. They agreed to disregard the wishes of M.'s parents. M. found it necessary to lie to her parents in order to carry on the relationship.

During the course of their relationship, Dr. Haley and M. went out to dinner two or three times per week. Dr. Haley often furnished M. with alcohol and frequently engaged in sexual intercourse with her. M. has stated that alcohol was always available when she was with Dr. Haley, and that she generally drank to mild intoxication. Prior to the time when M. became involved with Dr. Haley, her [725]*725consumption of alcohol was not excessive. A clinical psychologist who counseled M. subsequent to her affair with Dr. Haley testified that she is now an alcoholic.

M. had experienced some difficulty with high school work in the fall of 1986, and this worsened as the school year progressed. The difficulties were exacerbated in the spring of 1987 by her relationship with Dr. Haley. She eventually dropped out of school. Her parents lost all but nominal control over her, and she eventually moved out of the family home. According to M., the reason she moved out was that her parents told her she could not see Dr. Haley while she was living at home. M. lived with friends for a while; then, during the summer of 1987, she moved into a beach house to which Dr. Haley had access. According to M., she lived there for about 2 months. Dr. Haley says it was only 2 weeks. During this time, Dr. Haley kept the beach house stocked with alcohol, replenishing the supply as the alcohol was consumed. Dr. Haley provided M. with a car and gave her money ($10 to $20 per day), which was understood to be in exchange for her house sitting.

In the fall of 1987, M. was living at home again and was back in school. Dr. Haley continued his sexual relationship with her. M. testified, "I was still seeing him. I remember it was hard on me because we would go out on weeknights and I would just be dragging the next day. And never ever — I couldn't get my homework done. I was too tired all the time." The relationship between Dr. Haley and M. degenerated until, in M.'s words, "[i]t just seemed like we were just drinking and having sex". Their sexual relationship ended in February or March of 1988.

M.'s parents filed a complaint against Dr. Haley with the Washington State Medical Disciplinary Board. After a prehminary investigation, the Board conducted 3 days of hearings to evaluate the charges of unprofessional conduct. On September 15, 1989, the Board announced its decision. The Board found that Dr. Haley's relationship with M. "constituted the exploitation of a juvenile for sexual gratifi[726]*726cation. [Dr. Haley] exploited his position of psychological power and authority over [M.] in order to facilitate their improper sexual relationship." The Board also found that "[b]oth [M.] and her parents suffered emotionally as individuals and as a family unit as the result of [Dr. Haley's] continuing his sexual relationship with [M.]." The Board concluded that Dr. Haley's relationship with M. constituted unprofessional conduct under RCW 18.130.180. The Board suspended Dr. Haley's medical license for 10 years, but stayed the suspension subject to specified conditions of probation. Those conditions were later eased in an amended order under which Dr.

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Cite This Page — Counsel Stack

Bluebook (online)
818 P.2d 1062, 117 Wash. 2d 720, 1991 Wash. LEXIS 406, Counsel Stack Legal Research, https://law.counselstack.com/opinion/haley-v-medical-disciplinary-board-wash-1991.