L.L. v. Medical Protective Co.

L.L. appeals from a summary judgment entered in her malpractice action against her psychiatrist, Barry Siegel, which dismissed from the action Siegel’s malpractice insurer, the Medical Protective Company. The issue is whether L.L.’s claim for damages resulting from Siegel’s engaging in sexual acts with her during the course of her treatment is a “claim for damages . . . based on professional services rendered or which should have been rendered.” We hold that because a psychiatrist’s performance of sexual acts with a patient can constitute failure to give proper treatment, L.L.’s claim comes…