Bazakos v. Lewis

OPINION OF THE COURT

Garni, J.

The issue presented for our consideration is as follows: When a physician conducts a medical examination in the context of a personal injury action on behalf of an alleged tortfeasor or his or her insurer and, in the course of doing so, affirmatively injures the examinee, should the examinee’s cause of action against the examining physician to recover damages for that injury be characterized as one to recover damages for medical malpractice, or rather, one to recover damages for “simple” negligence?1 For the reasons that follow, we conclude that the cause of…