A female psychiatric patient has filed a medical malpractice lawsuit against her treating psychiatrist claiming that the doctor demanded that she provide oral sex in exchange for medication, and that she share her medication with him, as reported by the Courthouse News Service.
Further alleged in the suit is a contention that during times that the plaintiff, B.W., slept over at Dr T.M.A.'s home, he choked and punched her in what he deemed "foreplay."
B.W. began seeing T.M.A. in 2007 for psychiatric care. The doctor was living in South Carolina at the time, and, in 2008, when he moved to North Carolina, B.W. continued seeing him for psychotherapy sessions.
Per B.W. the doctor discussed numerous inappropriate topics during their 15 to 45 minute sessions. Discussions led by T.M.A. ranged from asking the plaintiff to sleepover in his home and bring the drugs he prescribed with her, to discussions of "oral sex, internet dating sites, Ritalin and other subjects unrelated to the proper treatment of her psychiatric condition."
B.W. also claimed that "Defendant (T.M.A.) would also spend time during these therapy sessions encouraging Ms. (B.W.) to visit him at his residence in North Carolina, spend the night at his residence, and bring bottles of Ritalin he prescribed her to his residence for the purpose of his own drug use. ...Defendant (T.M.A.) attempted to trade Ms. (B.W.) Klonopin for oral sex during one of these private sessions. Upon information and belief, defendant (T.M.A.) referred to the trade of oral sex and Ritalin in return for therapy and therapeutic drugs as 'tit-for-tat.'"
In a five-month period, T.M.A. allegedly gave B.W. five prescriptions for Ritalin with instructions to fill them near her home in South Carolina, bring them back to him and he would divide them in half - half for his use and half for hers.
T.M.A.'s inappropriate behavior was not limited to psychiatric treatment visits and sleepovers, he also allegedly telephoned the plaintiff frequently to not only discuss oral sex, but to coerce her into moving closer to him in North Carolina.
T.M.A. had driven on occasion to pick B.W. up from her grandmother's home, bring her to North Carolina, and spend the night with him.
The complaint reads, "After picking up Ms. (B.W.) from her grandmother's home in South Carolina, defendant (T.M.A.) would, upon information and belief, ask Ms. (B.W.) to perform oral sex on him." They then would "engage in oral and digital sex" while plaintiff was given Valium, Xanax and alcohol by the defendant.
During these sleepovers plaintiff alleges that her doctor was abusive. He choked, kicked and hit her - to the point of busting her lip.
In a 2009 investigation of drug diversion, the Kings Mountain Police Department learned directly from the defendant that B.W. had spent the night and that they "snuggled" together.
T.M.A. surrendered his medical license in May of 2009 in North Carolina.
B.W. is asking for both compensatory and punitive damages. She claims negligence, infliction of emotional distress, breach of fiduciary duty, negligent hiring and retention as well as assault and battery.
Along with Dr. T.M.A., also named in the suit are Carolina Forensic Psychiatry, Kings Mountain Hospital dba Cleveland Regional Medical Center and The Charlotte-Mecklenburg Hospital Authority dba Carolinas HealthCare System.
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