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Goicochea v. Langworthy6/6/1997
Opinion by Eldridge, J.
The issue before us is whether a civil claim that a licensed Maryland physician committed an assault and battery on a patient during a routine medical examination, under the circumstances presented by this case, is covered by the Maryland Health Care Malpractice Claims Act, Maryland Code (1974, 1995 Repl. Vol.), §§ 3-2A-01 through 3-2A-09 of the Courts and Judicial Proceedings Article. We shall answer this question in the affirmative and shall reverse the judgment of the Court of Special Appeals.
I.
The petitioner, Dr. Juvenal R. Goicochea, performed a hernia examination on the respondent, John A. Langworthy, to determine the source and cause of pain in Langworthy's groin area. Langworthy consented to this examination, which occurred at Goicochea's office in Bethesda, Maryland. In the weeks and months following the examination, Langworthy complained of persistent pain and discomfort in his groin area. He filed a medical malpractice claim with the Health Claims Arbitration Office (HCAO) pursuant to the Health Care Malpractice Claims Act, alleging that Goicochea's performance of the hernia examination resulted in chronic pain, abnormal swelling, and the laceration of soft tissue in his groin area. He did not, however, file a qualified expert's certificate of merit with the HCAO as required by § 3-2A-04(b)(1) of the Act. The HCAO, therefore, dismissed the claim.
Prior to the HCAO's dismissal of his malpractice claim, however, Langworthy filed the instant assault and battery action against Goicochea in the Circuit Court for Montgomery County, requesting compensatory and punitive damages. In his complaint, Langworthy asserted that, during the hernia examination, Goicochea "intentionally assaulted and battered left inguinal area with the full force of his left forefinger for approximately five minutes." Although he did not allege a precise motive for Goicochea's actions, Langworthy stated that the "assault and battery" was "malicious" and "willful," and resulted in "permanently painful injury ."
Goicochea filed a motion to dismiss, arguing that, in light of the Health Care Malpractice Claims Act, the circuit court should not exercise jurisdiction over the action. Following a hearing, the circuit court, relying upon this Court's opinion in Jewell v. Malamet, 322 Md. 262, 587 A.2d 474 (1991), dismissed Langworthy's complaint. The circuit court pointed out that Langworthy claimed that he had been assaulted and battered during the rendering of medical treatment by a health care provider, and that the Health Care Malpractice Claims Act was therefore applicable unless the complaint's factual allegations removed the claim from the Act's coverage. The court held that Langworthy's factual allegations did not remove the claim from the statute's coverage. In addition, the circuit court reasoned that, by not filing the required certificate of merit, Langworthy had failed to pursue the special arbitration remedy prescribed by the Act. The court concluded that staying the tort action until the conclusion of arbitration proceedings under the Act would be inappropriate because the HCAO had already dismissed Langworthy's malpractice claim for failure to follow the proper procedures.
Langworthy appealed to the Court of Special Appeals which vacated the judgment of the circuit court. Langworthy v. Goicochea, 106 Md. App. 265, 664 A.2d 422 (1995). The Court of Special Appeals' holding, and its view of Jewell v. Malamet, (supra) , were set forth as follows (106 Md. App. at 274-275, 664 A.2d at 427):
"Based on the foregoing, we conclude that a wilful and deliberate act other than one usually involved in medical treatment or e
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