Elias v. State

MURPHY, Chief Judge.

We here focus upon the crime of common law battery and whether on the record in this case, the defendant, a surgical oncologist, was properly found to have committed that offense when, in the course of a medical examination upon a patient complaining of painful breasts, he touched another sensitive part of the patient’s body without her express permission.

I

On March 3, 1993, Eliza Doreen Hancock applied to a District Court Commissioner for a Statement of Charges, naming Dr. E. George Elias, a surgical oncologist, as the defendant. In her application, Hancock related that on…