Boruff v. Jesseph

BAKER, Judge.

This appeal asks us to determine whether the word "battery" is a magic talisman which automatically removes a patient's complaint against a health care provider from the purview of the Medical Malpractice Act (the Act).1 We hold that it is not, and therefore affirm the trial court's dismissal of this action.

Plaintiff-appellant Elizabeth Boruff consulted defendant-appellee Jerry Jesseph, M.D. for treatment of a rectal fistula. Dr. Jesseph recommended surgery. According to the complaint, Boruff and her husband, plaintiff-appellant William Boruff, told Dr. Jesseph that he alone was…