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LIPSCOMB v. MEMORIAL HOSP.

No. 82-2025.

733 F.2d 332 (1984)

Myetta LIPSCOMB and Wayne Lipscomb, her husband, Appellees, v. The MEMORIAL HOSPITAL, a corporation, Defendant, and Frederick W. Miltenberger, M.D., Appellant.

United States Court of Appeals, Fourth Circuit.

Decided May 2, 1984.

Attorney(s) appearing for the Case

Judith Catterton, Rockville, Md. (William A. Ehrmantraut, Rockville, Md., on brief), for appellant.

Rebecca A. Baitty, Charleston, W.Va. (F. Rodney Jackson, Di Trapano & Jackson, Charleston, W.Va., on brief), for appellees.

Before ERVIN and CHAPMAN, Circuit Judges, and BRYAN, Senior Circuit Judge.

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...

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