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BORUFF v. JESSEPH

No. 32A01-9102-CV-28.

576 N.E.2d 1297 (1991)

Elizabeth M. BORUFF, William E. Boruff, Appellants-Plaintiffs, v. Jerry JESSEPH, M.D. and Joseph Milan, M.D., Appellees-Defendants.

Court of Appeals of Indiana, First District.

August 20, 1991.

Attorney(s) appearing for the Case

Robert A. Smith, Michael P. Bishop, Bishop, Smith & Bishop, Indianapolis, for appellants-plaintiffs.

Len E. Bunger, William K. Steger, Bunger, Robertson, Kelley & Steger, Bloomington, for appellees-defendants.

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...

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