Oklahoma Psychiatric Resident Marcus J. Fidel Suspended for Sex with Patient

July 15, 2011

On July 12, 2011, the Oklahoma State Board of Medical Licensure and Supervision suspended the medical license of psychiatric resident Marcus J. Fidel for one year, followed by five years of license probation.

According to the Board’s document, Fidel was a fifth year resident in the Family Practice/Psychiatry Residency Program at the University of Oklahoma College of Medicine in Tulsa, Oklahoma when he engaged in the violation which resulted in this disciplinary action.

The Board’s document states:

In or around May 2009, Fidel treated Patient JDW, a psychiatric patient, at the university clinic in Tulsa, Oklahoma. Defendant subsequently engaged in a sexual relationship with Patient JDW during May and June 2009.

On or about June 5, 2009, Patient JDW reported her sexual relationship with Fidel to another physician at the university clinic. When confronted by the clinic Medical Director, Fidel admitted that he had engaged in a sexual relationship with Patient JDW.

On or about June 15, 2009, Fidel met with his residency directors at the Family Practice/Psychiatry Residency Training Program in Tulsa, Oklahoma and again admitted that he had engaged in a sexual relationship with the psychiatric patient. Based upon this admission, Fidel was terminated from the residency program.

On or about September 14, 2009 and continuing through September 25, 2009, Fidel obtained an assessment at Acumen (and organization that provides third-party clinical and professional assessments of physicians) . The assessment team concluded that Defendant was not safe to practice medicine and surgery and that he needed psychiatric treatment to address his sexual boundary issues as well as other psychiatric diagnoses.

The Board found Fidel guilty of unprofessional conduct based on the following:

• He engaged in dishonorable or immoral conduct which is likely to deceive, defraud or harm the public in violation;
• Engaged in physical conduct with a patient which is sexual in nature; committing an act of sexual misconduct or exploitation related or unrelated to the practice of medicine;
• Abused the physician's position of trust by coercion or manipulation in the doctor-patient relationship;
• Violated provisions of the medical practice act or the rules and regulations of the Board; and
• Was unable to practice medicine with reasonable skill and safety to patients as a result of a mental condition.  

Fidel's license probationary period includes numerous terms and conditions which he is required to comply with. 

Source: Order Accepting Voluntary Submittal to Jurisdiction, State of Oklahoma ex rel. the Oklahoma Board of Medical Licensure and Supervision v. Marcus James Fidel, M.D., license no. 24062, Case No. 09-06-3793, July 12, 2012.