The doctor was not a psychiatrist but engaged the patient in talk therapy and allegedly exploited the "eroticized transference" syndrome of his patient. 12 The jury awarded $334,000 in compensatory damages and $166,000 in punitive damages and assigned plaintiff 25 percent fault. 13 In affirming the judgment, the court stated the evidence of a sexual relationship between the mental health provider and his patient supported the finding of medical malpractice, which was very likely to harm the patient due to the dependence of the patient on the provider. 14 A sexual relationship between a mental health provider and patient is a departure from the standard of care, whether it is characterized as part of the treatment or independent of it, and remains a departure even after the treatment has ended. 15 The dissent argued that the judgment should be reversed because the evidence failed to demonstrate medical malpractice. 16 Plaintiff testified that she knew the relationship was not part of her treatment, and was in fact "extraneous to treatment," and that the relationship was consensual. 17 According to the dissent, a doctor's conduct is malpractice " 'only when it constitutes medical treatment or bears a substantial relationship to the rendition of medical treatment.