A jilted husband is suing the doctor his wife had an affair with, claiming he seduced her away from him.

Marc Malecek filed the lawsuit against Dr. Derek Williams in 2015 after discovering his affair with his wife Amber who he worked with at the Wake Forest Baptist Health hospital in Winston Salem, North Carolina.

He is demanding at least $100,000 from the pediatric cardiologist, claiming he maliciously seduced his nurse wife and persuaded her to cheat on him despite knowing she was married.

Williams, 45, who was also married, fought to have the case dismissed and was successful when in 2016, a judge threw it out on the grounds that was unconstitutional.

Malecek, 34, appealed the decision and on Tuesday, the North Carolina Court of Appeals sided with him, allowing the case to go through.

Marc Malececk (left) is suing Dr. Derek Williams (right) who had an affair with his wife while they worked together at a hospital in Winston Salem, North Carolina, in 2015

The lawsuit tells how Amber Malecek exchanged illicit text messages and emails with the doctor who worked in the same department as her in 2014. She seen with her and Malecek's three-year-old son who was one when the affair began

Marc, who runs a business making leather badges for fire helmets, and Amber, 33, married in 2011 in a destination wedding in Siesta Key, Florida.

In 2014, they welcomed their son. According to Malecek's lawsuit, they were happy until she began working with Williams at the hospital.

Months after the birth of their son, Amber is alleged to have begun exchanging illicit text messages with the doctor.

Among them are messages from the doctor to her in which he referred to his penis as his 'disco stick' .

In one, written after the first time they had sex in December 2014, the woman wrote: 'Today was awesome! I am both very satisfied and relieved with everything.

'I was able to get away without getting caught and had amazing sex with this super hot doctor. Finally!'

The man's wife and the doctor worked together at the Wake Forest Baptist Medical Center in Winston Salem, North Carolina (above). He is a doctor and she is a nurse

She later sent him explicit, 'pornographic' photographs of her body which he described as 'torture', saying that receiving them was like 'showing food to a starving man'.

They had sex several times at the hospital before her husband discovered the messages in late January 2015.

They separated shortly afterwards.

Amber, a nurse, told the doctor she was contemplating breaking her marriage vows before their affair began. She is seen with the young son she shares with Malecek

In September that year, Marc filed the lawsuit against Williams, claiming he was guilty of alienation of affection - an old fashioned common law tort which still holds up in North Carolina but which has been abolished in many other states.

The law applies to a third party who is blamed for the failure of a marriage by a deserted spouse.

It is still applicable in just six states; Mississippi, North Carolina, Utah, South Dakota, Hawaii and New Mexico.

Williams sought to have the lawsuit dismissed, claiming the law is unconstitutional.

In 2016, a judge sided with him and threw it out but Malecek filed his appeal seven days later.

On Tuesday, a different judge accepted that the alienation of affection law was born 'born out of misogyny' but ruled that Malecek was still an injured party.

'These laws were born out of misogyny and in modern times are often used as tools for enterprising divorce lawyers seeking leverage over the other side,' Judge Richard Dietz wrote in his opinion.

He said that despite their outdated origins, lawsuits like Malecek's 'are designed to prevent and remedy personal injury, and to protect the promise of monogamy that accompanies most marriage commitments.'

Neither Amber Malecek nor Dr. Williams commented on the lawsuit on Tuesday. It is not known if the pair are still together or if Williams was married at the time of their affair.

Malecek is asking for at least $100,000 from the man, claiming he maliciously seduced his wife from him

In previous court documents, he accepted that the allegations against him were true.

Maleck is asking for at least $100,000. His attorney Scott Smith welcomed the newest development on Tuesday.

'My client is obviously extremely satisfied with the appellate court's decision.

'I believe it was entirely in accordance with the longstanding laws and public policy of North Carolina,' he told DailyMail.com.

Previous alienation of affection cases have resulted in settlements of millions of dollars.

The highest on record in North Carolina was for $30million.

It was awarded to the deserted wife of Raleigh business owner Donald Puryea who sued her husband's new partner.

The hospital had no knowledge of their affair on their on-premises sexual encounters when contacted by DailyMail.com on Tuesday.