Myetta Lipscomb and Wayne Lipscomb, Her Husband v. The Memorial Hospital, a Corporation, and Frederick W. Miltenberger, M.D.

CHAPMAN, Circuit Judge:

The appellant, a surgeon, appeals the jury verdict in this diversity action. The jury found that Dr. Miltenberger had repaired the hiatal hernia of Mrs. Lipscomb without her informed consent while she was under anesthesia for gall bladder surgery. Appellant claims errors by the district court in (a) failing to consider this as a consent (rather than an informed consent) action for battery and apply the one year statute of limitation of Maryland, Maryland Annotated Code, Courts and Judicial Proceedings Article, Section 5-105; (b) failing to find that there was informed…