Goicochea v. Langworthy

ELDRIDGE, Judge.

The issue before us is whether a civil claim that a licensed Maryland physician committed an assault and battery on a patient during a routine medical examination, under the circumstances presented by this case, is covered by the Maryland Health Care Malpractice Claims Act, Maryland Code (1974, 1995 Repl.Vol.), §§ 3-2A-01 through 3-2A-09 of the Courts and Judicial Proceedings Article. We shall answer this question in the affirmative and shall reverse the judgment of the Court of Special Appeals.

I

The petitioner, Dr. Juvenal R. Goicochea, performed a hernia examination on the…