Lawsuit accuses Santa Rosa oncologist of affair with woman under his care
The 20-page lawsuit, filed Thursday in
"During the course of treatment ... Brett used his powers and abilities as a physician and surgeon, and his knowledge and background to engage in sexual contact and sexual touching with Plaintiff while knowing that she would be vulnerable to this type of sexual touching," the lawsuit states.
The lawsuit accuses Brett of medical negligence, infliction of emotional distress; breach of fiduciary duty and violation of state laws that prohibit doctors from having sex with patients.
It also names
Brett, who works at a medical office building in north west
An attorney with the law firm representing Brett said the allegations were "false and misleading" and that the oncology specialist plans to defend himself "vigorously."
Brett and Gaytan met in the fall of 2008, in a creative writing class at
Brett and Gaytan became friends, according to the complaint, and in late 2008, Gaytan told Brett she was leaving
Brett "suggested that she take Wellbutrin, an anti-depressant medication that, in a low dose, was used to help smokers quit," the lawsuit states. He prescribed the medication for her but did not discuss any possible side effects, according to the suit.
"Within a week, I was losing my mind," Gaytan said during an interview this week.
She said she was unable to control her temper and started being cruel to people, including friends.
Brett visited her frequently in
"He persuaded (her) to let him treat her for all of her medical issues, visited her wherever she moved to, and began paying her rent in increasing amounts," the lawsuit states.
The two started having sex in
At one point, Brett rented a home for them to share and paid the rent and utilities, the suit alleges.
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