Deborah S.S. v. Yogesh N.G.

The issue on appeal is whether improper sexual conduct by a physician against a patient committed during the course of a physical examination is negligent or intentional conduct. Deborah S.S., the patient, alleged such conduct in her complaint against Dr. Yogesh N.G., the physician. The patient alleged that the conduct constituted negligence. At summary judgment, the physician contended that the conduct, if true, was intentional. As a result, the physician argued that the patient's action was brought beyond the two-year statute of limitations governing intentional acts. The trial court agreed…