DINGLE v. BELIN

No. 98, Sept. Term, 1999.

749 A.2d 157 (2000)

358 Md. 354

Lenox DINGLE, M.D. v. Deborah M. BELIN.

Court of Appeals of Maryland.

April 11, 2000.


Attorney(s) appearing for the Case

Catherine W. Steiner (Whiteford, Taylor & Preston, L.L.P., on brief), Baltimore, for petitioner.

Leslie L. Gladstone, Baltimore, for respondent.

Argued before BELL, C.J., and ELDRIDGE, RODOWSKY, RAKER, WILNER, CATHELL and THEODORE G. BLOOM (retired, specially assigned), JJ.


WILNER, Judge.

The issue before us was characterized by the Court of Special Appeals in this case as one of "ghost surgery." The more precise question is whether a surgeon who is employed by a patient to perform certain surgery and who agrees, as part of that employment, to do the actual cutting, leaving to assisting residents a subordinate role, may be held liable for breach of contract, distinct from negligence in the performance of the surgery or negligence associated...

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