Psychiatrist Claims Sex With Patient "...caused no harm."

Smith was a heavyweight in the world of psychiatry. He frequently contributed to psychoanalytic journals and edited or served on the editorial board of a number of publications. He also served as a training and supervising analyst, and it was in that role he was hired by McNally, who saw Smith from 2005 to 2009 up to six times a week for analysis.

In court documents, McNally said that Smith “engaged in multiple boundary violations” starting in 2006 by inappropriately touching her, kissing her, fondling her, discussing his marriage troubles with her, giving her gifts, and eventually having sexual relations with her on the “analytic couch.”

The alleged gifts included earrings, a necklace, family photographs, and eroticized cards, including one that portrays Smith as a pig being stroked and comforted. “I would be hard-pressed to find a better metaphor,” said Bergstresser in the consumer demand letter.