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BURNSIDE v. WONG

No. 4, September Term, 2009.

986 A.2d 427 (2010)

412 Md. 180

Earlene BURNSIDE, et. ux. v. Randall V. WONG, et al.

Court of Appeals of Maryland.

January 7, 2010.

Attorney(s) appearing for the Case

Matthew P. Maloney (Maloney Law Office, Kensington, MD), on brief, for Petitioners.

Brief of Amicus Maryland Ass'n for Justice on behalf of Petitioners: James K. MacAlister, Esquire Saiontz & Kirk, Baltimore, MD.

Anthony J. Breschi (Neal M. Brown of Waranch & Brown, LLC, Lutherville, MD; Agnus Everton of Morgan, Carlo, Downs & Everton, P.A., Hunt Valley, MD), on brief, for Respondents.

ARGUED BEFORE BELL, C.J., HARRELL, BATTAGLIA, GREENE, MURPHY, ADKINS and BARBERA, JJ.

BATTAGLIA, J.

We are asked to consider whether venue in a medical malpractice action, coupled with a lack of informed consent complaint, will lie in the Baltimore City Circuit Court, where it was filed, when the complainant lives in Baltimore City, but the alleged misdiagnosis, negligent medical treatment, and failure to obtain informed consent, allegedly related to a degenerative eye condition, known as proliferative diabetic retinopathy,1

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