Mole v. Jutton

The issue we decide in this case is what is the proper cause of action when, in the course of performing a surgical procedure, a surgeon exceeds the consent he or she was given. Maintaining that the tort of battery is the proper cause of action, the appellant, Tasha Molé, in addition to a negligence claim, included a count for battery in the complaint she filed in the Circuit Court for Anne Arundel County against the appellees, Dr. Jerrilyn Jutton, (“Dr. Jutton”), Dr. George E. Linhardt, and Dr. Jutton’s employer, Linhardt Surgical Associates, P.A. and, at the conclusion of the trial,…