Glen Burnie woman sues 2 doctors for $140,000

February 09, 1994

A Glen Burnie woman filed a $140,000 suit in Anne Arundel Circuit Court yesterday against two physicians, alleging one made improper sexual advances toward her and the other prescribed excessive amounts of a drug.

Linda J. Herlehy of the first block of Fox Chase Court alleges in the suit that Dr. Randy F. Davis and Dr. Daniel J. Freedenberg, both with offices in Glen Burnie, were negligent in their treatment of her between October 1987 and June 1991.

The suit also names her husband, John P. Herlehy, as a plaintiff.

According to the suit, Mrs. Herlehy fractured her left leg when she fell in 1987, and Dr. Davis performed surgery on her Oct. 5, 1987, at North Arundel Hospital.

On a follow-up visit, Dr. Davis referred her to Dr. Freedenberg, a psychiatrist, to "help get her anxiety under control," according to the suit.

The suit says that Mrs. Herlehy and her husband went together to her initial follow-up visits with Dr. Davis, but that when she started going alone, the doctor "began to personalize the doctor-patient relationship with flirtatious compliments," telling her at one point he was a "sucker for redheads."

Neither doctor could not be reached for comment yesterday.

According to the suit, Dr. Davis performed three operations on Mrs. Herlehy before an Oct. 24, 1988, office visit, in which she confronted him about his feelings toward her.

"When confronted with this directly, the defendant Davis stated that it would be inappropriate for him to date Mrs. Herlehy," the suit says.

She left his office "in a panic," and went to Dr. Freedenberg, who told her Dr. Davis was happily married and that any romantic relationship she perceived was in her imagination. Dr. Freedenberg also doubled her dose of Xanax, a depressant used to slow down the body's nervous system, the suit alleges.

The suit alleges the two doctors improperly discussed her case among themselves and that on July 1989, Mrs. Herlehy began seeing another psychiatrist, who "weaned her off of the Xanax" that had been prescribed by Dr. Freedenberg.

But she continued to see Dr. Davis for another two years and in that time he made repeated sexual advances "outside of the office visits," according to the suit.

Dr. Davis' advances "caused her immense emotional and psychological turmoil and damage and caused damage to her marital relationship," the suit alleges.

The suit seeks $20,000 from the doctors on each of seven counts: negligence, intentional infliction of emotional distress, invasion of privacy, fraud, loss of consortium, lack of informed consent and battery.

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