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MOLE v. JUTTON

No. 126, Sept. Term, 2002.

846 A.2d 1035 (2004)

381 Md. 27

Tasha MOLE v. Jerrilyn JUTTON, et al.

Court of Appeals of Maryland.

April 13, 2004.

Attorney(s) appearing for the Case

George Harper, Upper Marlboro, for appellant.

David A. Levin (Michelle R. Callender, Wharton, Levin, Ehrmantraut & Klein, P.A., on brief), Annapolis, for appellees.

Argued before BELL, C.J., ELDRIDGE, RAKER, WILNER, CATHELL, HARRELL, BATTAGLIA, JJ.

BELL, C.J.

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 Mole, 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...

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