Herridge v. Board of Registration in Medicine

675 N.E.2d 386, 424 Mass. 201, 1997 Mass. LEXIS 23
CourtMassachusetts Supreme Judicial Court
DecidedFebruary 5, 1997
StatusPublished
Cited by8 cases

This text of 675 N.E.2d 386 (Herridge v. Board of Registration in Medicine) is published on Counsel Stack Legal Research, covering Massachusetts Supreme Judicial Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Herridge v. Board of Registration in Medicine, 675 N.E.2d 386, 424 Mass. 201, 1997 Mass. LEXIS 23 (Mass. 1997).

Opinion

Wilkins, C.J.

In Herridge v. Board of Registration in Medicine, 420 Mass. 154 (1995) (Herridge 7), we considered Dr. Herridge’s appeal from a decision of the defendant Board of Registration in Medicine (board) to suspend for three years the doctor’s right to renew his license to practice medicine in the Commonwealth. The board had ruled professional discipline should be imposed because in 1985 the doctor, a psychiatrist, initiated “inappropriate conversation of a sexual nature . . . with a patient during treatment, and a brief sexual relationship with this patient which occurred shortly after the physician-patient relationship terminated.” Id. at 155.

Discipline was imposed based on the board’s conclusion that the doctor had “sexualized” the doctor-patient relationship, and, therefore, it was unethical for him to engage in a sexual relationship with the patient after the professional relationship had terminated. Id. at 165. The doctor did not deny [202]*202engaging in sexual relations with the patient on two or three occasions after the doctor-patient relationship had ended. At that time, it appears that ethical standards did not prohibit sexual relations between a psychiatrist and a former patient. Id. Under the standards applicable in 1985, the sexual relationship would have been unethical only if the doctor used the professional relationship as an enticement to sexual contact.

The case against the doctor depended substantially on the patient’s testimony. In our earlier opinion, we noted that the hearing officer who submitted a recommended decision to the board, which it accepted, had rejected significant portions of the patient’s testimony but accepted others. The rejected testimony, if believed, would have warranted a finding that the doctor-patient relationship existed when the doctor and the patient had sexual relations at the patient’s apartment in October and November, 1985. In our first opinion, we stated that, “[i]n passing on the credibility issue, the board could not properly ignore the fact that it was declining to credit significant portions of the patient’s testimony, some of which, as has been noted, was susceptible of an inference of fabrication aimed at establishing that sexual relations occurred during the physician-patient relationship.” Herridge I, supra at 163-164.1 We vacated the board’s decision and remanded the matter to the board for additional proceedings. Id. at 167. We did so because, “[i]n the face of conflicting evidence, and inconsistencies in the patient’s testimony, the board could not choose to rely on portions of that testimony, reject other, significant portions of it, and fail to explain its reasons for doing so. The board was required to confront the problems in the patient’s testimony and to provide ‘an explicit analysis of credibility and the evidence bearing on it.’ ” Id. at 164-165, quoting Morris v. Board of Registration in Medicine, 405 Mass. 103, 107, cert. denied, 493 U.S. 977 (1989).

[203]*203The board then recommitted the matter to the original hearing officer who prepared a proposed amended final decision. The board adopted the proposal, which reaffirmed the board’s previous position. Although we shall refer to the decision as the board’s decision, the decision was that of the hearing officer to whom the credibility of witnesses was committed. The doctor again appealed, and a single justice of this court reserved and reported the matter to the full court.2

1. We have reviewed the board’s amended decision and have considered the various grounds on which the doctor now challenges the board’s credibility determinations.

Any suggestion that the patient’s testimony was consistent and generally trustworthy is belied by the fact the board disbelieved parts of her testimony that, if believed, would have been very damaging to the doctor’s position. The amended decision presents no sufficient explanation as to why the board accepted some of the patient’s damaging testimony as credible, while rejecting other significant portions of it. The amended decision is unpersuasive on the issues remanded to it for consideration. We set forth examples of why the amended decision fails to convince us that there was substantial evidence justifying the imposition of professional discipline.

a. In its original decision the board rejected the patient’s testimony that she had had a final office appointment with the doctor in February, 1986. The existence of such an appointment would have been significant because the admitted sexual relations between the doctor and the witness had occurred prior to that date, and thus there would have been improper professional conduct during the doctor-patient relationship. In our first opinion, we said that the board’s finding that the doctor-patient relationship had ended on October 8, 1985, required the board “to reject a considerable portion of the patient’s testimony bearing on the duration of the physician-patient relationship.” Herridge I, supra at 161.

In its amended opinion, the board treated the matter of the alleged February, 1986, appointment more fully, suggesting that the patient may have recalled an appointment in some [204]*204other winter. The amended opinion erroneously states that the patient “could recall no details” or “specifics” about the appointment, pointing out that, if it had occurred, she would have recalled details because the session would likely “have been memorable since it occurred three months after the termination of her sexual relationship with the [doctor].” In fact, the patient testified several times that the appointment occurred in February after an October, 1985, dinner engagement with the doctor, and after the sexual relations in October and November, 1985. She testified to how the appointment may have been set up and the room in which it took place, and stated that the doctor and she discussed her mood and medications. We thus have the former patient testifying to details of an appointment that the board found never occurred, and the board denying the existence of the detailed false testimony about the appointment, and thus in this respect failing “to provide a thorough and reasoned explanation for the decision to credit the patient’s testimony.” Herridge I, supra at 156.

If the board believed the doctor that there had been no February, 1986, appointment, thereby finding the patient’s testimony not credible, it was incumbent on the board to explain why it believed the patient, and not the doctor, in other circumstances.

b. The credibility issue is compounded by the fact that the board in its original decision rejected the patient’s testimony that a social dinner engagement occurred before her final office visit, and stated that her recollection was “somewhat confused.” The board had credited the doctor’s testimony that the dinner occurred after the patient’s last (October 8, 1985) appointment. In its amended decision, however, the board eliminates the reference to the patient’s “confusion” and provides no explanation as to why it concluded that the patient’s testimony was not credible on this point but acceptable elsewhere.

c. The patient testified that the doctor continued to consult with her by telephone about her use of medication through February, 1986. In its original decision, the board made no findings on this point. On remand, the board made new findings.

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Cite This Page — Counsel Stack

Bluebook (online)
675 N.E.2d 386, 424 Mass. 201, 1997 Mass. LEXIS 23, Counsel Stack Legal Research, https://law.counselstack.com/opinion/herridge-v-board-of-registration-in-medicine-mass-1997.