Hershey’s Kisses
Posted on 29. Nov, 2009 in Case Reports
Case Synopsis
Delia
In 2003, Delia went to see Dr. Hershey for a breast augmentation. The consult went well, and the surgery was completed without any complications. The only problem came was when Delia was waking up from the anesthesia and realizing that the doctor was kissing her fully on the mouth. Considering that the kissing part was not mentioned in any release form or during consultation, Delia subsequently sued and won a settlement against Dr. Hershey.
This incident raised the eyebrows of some at the state’s medical board, and more questions were asked. Eventually, it was discovered that this (surprise, surprise!) was not the first time Dr. Hershey had exhibited unprofessional misconduct.
Jennifer
Sometime in the mid-1990s, Jennifer had visited Dr. Hershey for a consult for breast reconstruction after a mastectomy for her breast cancer. On her second visit, Dr. Hershey asked her to change into a gown so he could examine her for surgery. After leaving the room to allow her to change, he immediately came back, leaned towards Jennifer and said, “I want to tell you something.” He then kissed her fully on the lips then left the room, leaving Jennifer completely shocked and upset. However, she did not pursue any legal action against Dr. Hershey.
Linda
Going further back, the Board discovered that Dr. Hershey had an affair with a patient, Linda after performing a breast enlargement on her. The relationship began as he was treating her for post-operative pain. Eventually, the affair was called off mutually, by both the doctor and Linda. That affair lasted 18 months.
Case Outcome
During the Board’s investigation into Dr. Hershey, the doctor had developed a health condition affecting the acuity of his left eye, so he was no longer performing surgeries. As a result of his misconduct, the Board reprimanded him and required him to cease practice of any medicine by permanently retiring his license.
Analysis by Jessie
Ah, to be Sleeping Beauty and be awoken from a deep sleep by your Prince Charming. Oh wait, that’s your plastic surgeon!
It seems Dr. Hershey is another one of those doctors who had a thing for taking advantage of his position to get his thrills. It may not seem very traumatizing on first reading, but the more I thought about this the more disturbing it became. Who knows how many women he attempted to kiss while they were in recovery from surgery? Luckily one of them woke up and was able to report his actions. It makes me wonder what else he might have done while his patients were still under. For me, this is equivalent to someone slipping a date-rape drug into someone’s drink. While it wasn’t his only intent to get some non-consensual kisses, he still took advantage of his patient(s) not being able to say no due to being drugged.
It’s unfortunate that it didn’t come to light before he had stopped performing surgeries. I am glad to see that they did take this serious and revoked his license.
| Score |
|---|
| 6 |
| Damage | Anger | Ineptitude | Shock | Ethics |
|---|---|---|---|---|
| 3 | 8 | 1 | 8 | 10 |
Response by Lyssa
This case is very odd, in that it seems almost like Dr. Hershey had no bad intention. While yes, I agree he was behaving very unethically, it seemed more like he had some sort of psychological issues to deal with. Unlike some of the other sex cases we’ve seen, Dr. Hershey wasn’t trying to hurt or use the women, but rather attempting to fulfill some sort of fixated fantasy he had. He needed psychological counseling, that’s what. I suppose he is what I would call, “creepy.” He didn’t actually have intercourse with his drugged patient — he merely kissed her, fantasizing about what could be. Perhaps the patients he kissed looked like Linda, the patient he had an affair with, and he was fantasizing about her, using them. I suspect this is the case, considering there was not a whole slew of complaints against him regarding inappropriate touching or kissing. I don’t sense him being much danger for most of his patients.
| Score |
|---|
| 4.6 |
| Damage | Anger | Ineptitude | Shock | Ethics |
|---|---|---|---|---|
| 2 | 6 | 2 | 5 | 8 |
Response by Marc
Dr. Hershey definitely has some issues to work though. However, when doctors seek counseling, it is reported on their record. It makes it a VERY difficult decision for them to go to a psychiatrist for help. Who would want to see a doctor who has that on their record? So, either way, the doctor loses. Such is the system they work under. Of course, what Dr. Hershey did was wrong, but it does bring out how human doctors can be. How many of us have acted or almost acted on our “forbidden” fantasies, especially when we feel they will be harmless?
I am surprised at how long his secret lasted. Reading the case, it seems that he revealed these partly because he already wasn’t practicing much due to his eye problem. He had little to lose. One wonders if the story would have come out as early as it did if he was still practicing medicine normally.
| Score |
|---|
| 3.2 |
| Damage | Anger | Ineptitude | Shock | Ethics |
|---|---|---|---|---|
| 1 | 4 | 2 | 2 | 7 |
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What_the_heck
Dec 10th, 2009
Ok, here’s the thing… HOW DO THESE DOCTORS NOT GET CHARGED WITH ASSAULT!!! I mean come on! If I were to meet a woman in a bar and talk with her for a bit (just like a doc would do in the beginning to get to know the patient and make them feel comfortable) and then move in close and just lay one on the woman chances are I will be slapped or arrested! I guess being a Doc you have a certain amount of power. I’m at a loss.
Maizie
Feb 1st, 2010
I don’t understand how the other reviews do not score this as a 10. This behavior is clearly unethical and in violation of the patient doctor relationship. Lyssa states he “didn’t actually have intercourse” with the women, but how can we even be sure if that? What if he ended his encounter with a kiss. There is still a possibility he could have done more while the patient was “under” anesthesia. It certainly is a possibility.
A Nurse
Feb 25th, 2010
Doctor’s are human and make human mistakes. What he did was totally unethical. Would it have been worse if his victim was a child? What if his victim was of the same sex, was elderly, or disabled? The point is, he abused his position as a doctor to take advantage of a person. He took an oath to do no harm and totally disregarded that oath. I am glad he is retired and hope his family and friends lock their doors at night when staying at his home.
Wee_Eng
Feb 25th, 2010
Today he would probably get his own show on cable! This is completely unethical and does constitute battery legally. He obviously has a personality disorder and needs to be in treatment.