Is it Still Malpractice if the Patient Consents to the Sexual Conduct?
Generally yes, any sexual conduct with a patient is considered malpractice, whether or not the patient consented to the conduct. Consent is not a valid defense to malpractice.
Is There an Exception if It’s “True Love”?
There is no "true love" exception for the malpractice of engaging in a sexual relationship with a patient. It is very easy for a patient to mistake appreciation for love, and transfer feelings of respect and gratitude into the context of a romantic or sexual relationship.
What if the Patient is No Longer Under the Care of the Doctor?
Generally, it is malpractice for a doctor to engage in a sexual or romantic relationship with current OR former patients.
The medical community requires that doctors and patients wait at least a year after terminating the doctor/patient relationship before entering into a sexual or romantic relationship. There is a push for a longer waiting period.
The American Psychiatric Association has said that patient/therapist romantic relationships are never appropriate.