Example of Sexual Assault Lawsuit

Below is a sample legal complaint in sexual harassment lawsuit. Facts, dates, and names have been changed but this is a good model complaint if you are bringing a sexual assault cases against a health care provider. Does this type of lawsuit below in your state's medical malpractice statutory scheme? It really depends on the state. Our thinking is that you are better off not taking a risk and simply file your lawsuit using the malpractice guidelines.

IN THE CIRCUIT COURT FOR BALTIMORE CITY, MARYLAND Civil Division

Megan McGwire :
875 Mills Park Drive, #106
Baltimore, Maryland 21230 :
Plaintiff, :
v. :
Monte McEnroe :
482 Evans Way, Suite #200
Baltimore, Maryland 21228 :

COMPLAINT AND DEMAND FOR JURY TRIAL

The Plaintiff, Megan McGuire, by and through her attorneys, Miller & Zois, LLC, sues the defendants Jones Healthcare and Monte Monroe. In support, plaintiff states as follows:

PROCEDURAL HISTORY
  1. This matter was filed with the Health Care Alternative Dispute Resolution Office of Maryland on June 3, 2018. A copy of the Statement of Claim is attached hereto as Exhibit 1.

  2. The Plaintiff filed two Certificates of Merit and Reports with the Health Care Alternative Dispute Resolution Office of Maryland on October 17, 2018. Copies of the Certificates of Merit and Reports are attached as Exhibit 2.

  3. The Defendants Jones Healthcare and Monte Monroe filed an Election to Waive Arbitration with the Health Care Alternative Dispute Resolution Office of Maryland on or about June 4, 2018. A copy of the Election to Waive Arbitration is attached as Exhibit 3.

  4. An Order of Transfer was issued by the Health Care Alternative Dispute Resolution Office of Maryland on or about June 8, 2018. A copy of the Order of Transfer is attached hereto as Exhibit "4" and prayed to be taken as part hereof.

  5. These claims were properly filed in the Health Care Alternative Dispute Resolution Office as they exceed Thirty Thousand Dollars ($30,000.00) in damages.

  6. The Plaintiff relates back to, repeats, re-alleges, adopts and incorporates by reference the initial Statement of Claim filed with the Health Care Alternative Dispute Resolution Office on or about June 1, 2017 as though fully set forth herein.
PARTIES
  1. The Plaintiff, Megan McGuire (hereinafter "Ms. McGuire"), is an adult citizen of Baltimore, Maryland.

  2. At all relevant times, the Defendant, Bryan S. McEnroe, M.D. (hereinafter "Dr. McEnroe"), was and is an adult citizen of the State of Maryland, who at all times complained of herein, was licensed to practice medicine in the State of Maryland, with offices in Baltimore, Maryland

  3. Defendant, Jones Healthcare, LLC, is a corporation organized and existing under the laws of the State of Maryland, with its principal place of business at 201 Baltimore Street, Baltimore, Maryland 21202.

  4. At all relevant times, the Defendant, Jones Healthcare, LLC, operated a medical and was the employer and/or the actual and/or apparent principal of Defendant Dr. McEnroe.
AMOUNT OF CLAIM AND VENUE
  1. The amount of this claim exceeds Thirty Thousand Dollars ($30,000.00) and venue is appropriate in Baltimore City as the forum in which the Defendants reside, have their primary offices, carry on their regular business, are employed, and/or habitually engage in a vocation.
FACTS RELEVANT TO ALL COUNTS
  1. At all relevant times, Dr. McEnroe was an employee/agent of Jones Healthcare and was acting within the course and scope of his employment/agency for Jones Healthcare.

  2. On or about May 18, 2017, Ms. McGuire presented to Dr. McEnroe at Jones Healthcare in Federal Hill in Baltimore City for treatment of a lingering wrist injury she suffered from a fall during the Baltimore Marathon.

  3. Dr. McEnroe had a history of preying upon female Jones patients who were vulnerable to inappropriate physical contact. This history was known to Jones Healthcare.

  4. On May 18, 2017, Ms. McGuire was unaccompanied for her appointment with Dr. McEnroe during which Dr. McEnroe performed a physical examination of Ms. McGuire.

  5. A Jones Health employed chaperone was not present during Dr. McEnroe's physical examination of Ms. McGuire.

  6. At the beginning of the examination, Ms. McGuire told Dr. McEnroe that she was having pain with her wrist. He asked if it was possible that she had injured her inner thigh as a result of a windsurfing injury in December 2013 in Mexico. She has suffered such an injury but it had fully healed and was not the purpose of her visit.

  7. Dr. McEnroe documented in Ms. McGuire's medical record that he performed a number of musculoskeletal tests on her involving manipulation of wrist and her right leg.

  8. At one point during Dr. McEnroe's examination, he stood behind Ms. McGuire and touched practically her body from the top to the bottom while asking her if she experienced any pain. His hands focused on her back muscles and made extended contact with the sides of her breast while feeling her back. At the time, Ms. McGwire was unclear if this was a reasonable medical practice.

  9. Dr. McEnroe asked take her bra and underwear off underneath her gown. When she complied, Dr. McEnroe rubbed her inner thigh with his hand brushing up against her vagina in a way. It was odd but it could have been accidental contact while touching the thigh. Uncomfortable, but not alarmed, Ms. McGuire confirmed that her thigh was fine and reiterated to Dr. McEnroe that this was not the purpose of her visit.

  10. Her lack of concern evaporated when Dr. McEnroe asked if she always gets that wet when examined by a doctor. (Ms. McGwire's vagina was moist, not from arousal towards Dr. McEnroe but just the experience of being of wearing a loose fitting gown without underwear in a public place.)

  11. Ms. McGwire tried to dismiss his comment with a joke. Dr. McEnroe responded that he is committed to always staying professional even when he develops an erection from the patient. He lifted his lab coat to show Ms. McGwire his erection under his pants. Adjusting himself, he said he had to work through it as a professional.

  12. Dr. McEnroe then put Ms. McGwire on her back. He made an attempt to expose her vagina by lifting up her gown but she already had her weight on the gown, holding it in place. She fought to maintain her weight on the gown so that it could not be raised.

  13. He grabbed her wrist and manipulated it with the back of his hand pushing up against her vagina that was covered by the gown. There was no reason have his hand placed on her vagina. He asked if it her wrist felt better or worse while manipulating her wrist so that the back of his hand was brushing up against her vagina. Ms. McGwire said, "It feels the same." Dr. McEnroe replied, "That makes one of us."

  14. As Dr. McEnroe entered information something into the computer, a nurse (who plaintiff believes was Sandra Evans) knocked on the closed examination room door and told Dr. McEnroe that he was needed elsewhere. Dr. McEnroe replied that he was with a patient and was almost finished.

  15. Dr. McEnroe remained seated and turned around from his computer. (He was apparently putting in the computer Ms. McGwire's nonexistent inner thigh problem.) He said, "We are almost done, let me give you one more look over." He asked Ms. McGwire to turn around and pulled the string to release her gown. She caught the gown with her elbows but then released the gown in embarrassment, letting if fall to the floor. He then turned her around again to look at her wrist. He commented that whoever did her boob job should win the Nobel Prize in Medicine. When Ms. McGwire naturally reacted by pointing that her breast has not been augmented, Dr. McGwire said he thought they were unbelievable. He looked at her wrist and then began to rub her inner thigh, this time rubbing his finger on the outside of her vagina. He said that as hard as he was and wet as she was it seems crazy that it was going to stop there. He asked if Ms. McGwire would like to get a better look at what she had done to him. Ms. McGwire said she just wanted to get out of there. Dr. McEnroe told her that there was nothing abnormal about anything that happened. He explained that these things and that even the American Medical Association fully understands that these things are completely normal. (It does not, of course.) He also said putting his hand in her vagina is a normal part of the any evaluation of the inner thigh because of "how nerve roots work." Stating the obvious, at no time before placing his hand or finger in or around Ms. McGwire's vagina did Dr. McEnroe' explain to Mrs. McGuire that this action was a required part of his proposed physical examination nor did he obtain her informed consent for this invasive physical contact and battery.

  16. Six days later, Ms. McGuire emailed the nurse at her primary care doctor's office. In the email, she reported that she felt she had been sexually abused by Dr. McEnroe. She set forth in the email the substantive facts in this complaint.

  17. Upon information and belief, Jones Healthcare knew at least by May 2016, if not earlier, that Dr. McEnroe was suspected of inappropriately touching and fondling his vulnerable female pain management patients using very similar predatory patterns as the one taken with Ms. McGwire. Despite such knowledge, Jones Healthcare negligently continued to retain Dr. McEnroe as its employee. Worse still, they negligently continued to allow Dr. McEnroe to treat these vulnerable pain management patients without supervision, and refused to transfer Dr. McEnroe's female patients to another orthopedic doctor. By and through this conduct, Jones in fact, and as a matter of law, acquiesced to this form of conduct and scope of employment by its employee Dr. McEnroe.

  18. Jones Healthcare continued to employ Dr. McEnroe until February 1, 2018, and continued to allow Dr. McEnroe to examine female patients without a chaperone or any other supervision.

  19. Jones Healthcare terminated Dr. McEnroe's employment on February 1, 2018, after receiving numerous complaints that he had inappropriately touched patients during his examinations or treatment of them.

  20. Following an investigation of Dr. McEnroe and Jones Healthcare, the Maryland Board of Physicians summarily suspended Dr. McEnroe's license on March 8, 2018 and continued that suspension on October 2, 2018. Copies of those Orders for Summary Suspension are attached hereto and incorporated herein by reference.

  21. At all times relevant to the claims at bar, the Plaintiff was neither contributorily negligent nor did she assume the risk of her injuries, or consent to the inappropriate physical contact by Dr. McEnroe.
COUNT I: (Negligence/Medical Malpractice - Dr. McEnroe)
  1. The Plaintiff re-alleges and incorporates by reference herein all of the allegations contained in paragraphs 1-34 above and further alleges as follows:

  2. At all relevant times, Dr. McEnroe owed to Ms. McGuire a duty to exercise that degree of care, skill and judgment ordinarily expected of a reasonably competent healthcare provider in the specialty of pain management acting in the same or similar circumstances and not to engage in inappropriate physical contact with his patients to include Ms. McGuire.

  3. Dr. McEnroe was negligent and breached the accepted standards of care in the treatment of Ms. McGuire. These breaches of the standard of care include, but are not limited to, the following: 1) negligently failing to maintain an appropriate doctor-patient relationship; 2) attempting to exploit the therapeutic relationship with the Plaintiff for personal gain; 3) inappropriately examining and touching the Plaintiff; 4) engaging in inappropriate physical acts of intimacy with the Plaintiff that went beyond what was necessary for the proper performance of medical services; 5) negligently and carelessly violating professional and ethical boundaries; 6) failing to have a chaperone present during his examination and treatment of the Plaintiff; and 7) being otherwise negligent and careless.

  4. As a direct and proximate result of the negligent and careless acts and omissions of Dr. McEnroe, the Plaintiff experienced pain, suffering, mental anguish, physical injury, unnecessary medical care and expenses, lost wages, lost future wages, loss of future earning capacity, and was otherwise injured and damaged.

WHEREFORE: The Plaintiff claims monetary damages in excess of the concurrent jurisdiction of the District Court ($30,000.00) against Dr. McEnroe, in an amount to be determined at trial, plus costs, post judgment interest at the legal rate of ten percent (10%) per annum from the date of judgment, and for any further relief that this Honorable Court determines necessary and appropriate.

COUNT II: (Battery - Dr. McEnroe)
  1. The Plaintiff re-alleges and incorporates by reference herein all of the allegations contained in paragraphs 1-38 above and further alleges as follows:

  2. The conduct and actions of Dr. McEnroe including the sexual assault and battery of Plaintiff constitutes an intentional and offensive touching of Plaintiff to which Plaintiff did not consent.

  3. The conduct and actions of Dr. McEnroe including the sexual assault and battery of Plaintiff were neither medically indicated nor clinically justifiable.

  4. The intentional, nonconsensual touching of Plaintiff by Dr. McEnroe was highly offensive to Plaintiff's reasonable sense of dignity.

  5. As a direct and proximate result of the intentional acts of Dr. McEnroe, the Plaintiff experienced pain, suffering, mental anguish, physical injury, unnecessary medical care and expenses, lost wages, lost future wages, loss of future earning capacity, and was otherwise injured and damaged.

WHEREFORE: The Plaintiff claims compensatory and punitive monetary damages in excess of the concurrent jurisdiction of the District Court ($30,000.00) against Dr. McEnroe, in an amount to be determined at trial, plus costs, post judgment interest at the legal rate of ten percent (10%) per annum from the date of judgment, and for any further relief that this Honorable Court determines necessary and appropriate.

COUNT III: (Intentional Infliction of Emotional Distress - Dr. McEnroe)
  1. The Plaintiff re-alleges and incorporates by reference herein all of the allegations contained in paragraphs 1-43 above and further alleges as follows:

  2. Dr. McEnroe's conduct in sexually assaulting and battering Plaintiff was intentional and in deliberate disregard for the high degree of probability that Plaintiff would suffer emotional distress as a result.

  3. Dr. McEnroe's conduct in sexually assaulting and battering Plaintiff was extreme and outrageous.

  4. Dr. McEnroe's conduct and actions were the direct and proximate cause of severe emotional distress to Plaintiff.

  5. As a direct and proximate result of the intentional acts of Dr. McEnroe, the Plaintiff experienced pain, suffering, severe mental anguish, physical injury, unnecessary medical care and expenses, lost wages, lost future wages, loss of future earning capacity, and was otherwise injured and damaged.

WHEREFORE: The Plaintiff claims compensatory and punitive monetary damages in excess of the concurrent jurisdiction of the District Court ($30,000.00) against Dr. McEnroe, in an amount to be determined at trial, plus costs, post judgment interest at the legal rate of ten percent (10%) per annum from the date of judgment, and for any further relief that this Honorable Court determines necessary and appropriate.

COUNT IV: (Battery - Jones Healthcare)
  1. The Plaintiff re-alleges and incorporates by reference herein all of the allegations contained in paragraphs 1-48 above and further alleges as follows:

  2. The conduct and actions of Jones Healthcare acting by and through its employee/agents, including, but not limited to, Dr. McEnroe who inappropriately touched the Plaintiff constitutes an intentional and offensive touching of Plaintiff to which Plaintiff did not consent.

  3. The conduct and actions of Jones Healthcare acting by and through its employee/agents, including, but not limited to, Dr. McEnroe was neither medically indicated nor clinically justifiable.

  4. The intentional, nonconsensual touching of Plaintiff by Jones Healthcare acting by and through its employee/agents, including, but not limited to, Dr. McEnroe was highly offensive to Plaintiff's reasonable sense of dignity.

  5. As a direct and proximate result of the intentional acts of Jones Healthcare acting by and through its employee/agents, including, but not limited to, Dr. McEnroe, the Plaintiff experienced pain, suffering, mental anguish, physical injury, unnecessary medical care and expenses, lost wages, lost future wages, loss of future earning capacity, and was otherwise injured and damaged.

WHEREFORE: The Plaintiff claims compensatory and punitive monetary damages in excess of the concurrent jurisdiction of the District Court ($30,000.00) against Jones Healthcare, in an amount to be determined at trial, plus costs, post judgment interest at the legal rate of ten percent (10%) per annum from the date of judgment, and for any further relief that this Honorable Court determines necessary and appropriate.

COUNT V: (Intentional Infliction of Emotional Distress - Jones Healthcare)
  1. The Plaintiff re-alleges and incorporates by reference herein all of the allegations contained in paragraphs 1-53 above and further alleges as follows:

  2. Jones Healthcare's conduct by and through its employee/agents, including, but not limited to, Dr. McEnroe, who sexually assaulted and battered the Plaintiff, was intentional and in deliberate disregard for the high degree of probability that Plaintiff would suffer emotional distress as a result.

  3. Jones Healthcare's conduct in acting by and through its employee/agents, including, but not limited to, Dr. McEnroe, was extreme and outrageous.

  4. Jones Healthcare's conduct and actions in acting by and through its employee/agents, including, but not limited to, Dr. McEnroe were the direct and proximate cause of severe emotional distress to Plaintiff.

  5. As a direct and proximate result of the intentional acts of Jones Healthcare acting by and through its employee/agents, including, but not limited to, Dr. McEnroe, the Plaintiff experienced pain, suffering, severe mental anguish, physical injury, unnecessary medical care and expenses, lost wages, lost future wages, loss of future earning capacity, and was otherwise injured and damaged.

WHEREFORE: The Plaintiff claims compensatory and punitive monetary damages in excess of the concurrent jurisdiction of the District Court ($30,000.00) against Jones Healthcare, in an amount to be determined at trial, plus costs, post judgment interest at the legal rate of ten percent (10%) per annum from the date of judgment, and for any further relief that this Honorable Court determines necessary and appropriate.

COUNT VI: (Medical Malpractice/Respondeat Superior - Jones Healthcare)
  1. The Plaintiff re-alleges and incorporates by reference herein all of the allegations contained in paragraphs 1-58 above and further alleges as follows:

  2. At all times relevant hereto, Dr. McEnroe was acting in the course and scope of his employment/agency for Jones Healthcare and breached the applicable standard of medical care which was a proximate cause of physical injury and other damages to Ms. McGuire.

  3. Dr. McEnroe took advantage of this position as a Jones Healthcare physician to sexually assault and battery Jones Healthcare patients, including the Plaintiff.

  4. Dr. McEnroe committed sexual assault and battery against Plaintiff while he was acting as a physician for Jones, under the guise of medical treatment, and in furtherance of Jones Healthcare's interests.

  5. Dr. McEnroe's acts of sexual assault and battery against Plaintiff and other Jones Healthcare patients were regularly committed at Jones Healthcare health care facilities, including the Gaithersburg facility where the Plaintiff was assaulted.

  6. As the employer/principal for Dr. McEnroe, Jones Healthcare is vicariously liable for the actions of Dr. McEnroe within the course and scope of his employment/agency.

  7. As the employer/principal responsible for the actions of its employees/agents including but not limited to Dr. McEnroe, Jones Healthcare caused Plaintiff to experience pain, suffering, mental anguish, physical injury, unnecessary medical care and expenses, lost wages, lost future wages, loss of future earning capacity, and other injuries and damages.

WHEREFORE: The Plaintiff claims monetary damages in excess of the concurrent jurisdiction of the District Court ($30,000.00) against Jones Healthcare, in an amount to be determined at trial, plus costs, post judgment interest at the legal rate of ten percent (10%) per annum from the date of judgment, and for any further relief that this Honorable Court determines necessary and appropriate.

COUNT VII: (Negligent Hiring, Supervision, Credentialing, and Retention - Jones Healthcare)
    misdiagnosis
  1. The Plaintiff re-alleges and incorporates by reference herein all of the allegations contained in paragraphs 1-65 above and further alleges as follows:

  2. As of May 18, 2017, Jones Healthcare knew or reasonably should have known of Dr. McEnroe's propensities to sexually batter, threaten, harm, assault, and otherwise mentally, physically, and emotionally injure female patients.

  3. As of May 18, 2017, Jones knew that Dr. McEnroe was being placed in a position of employment where he would have unfettered access to vulnerable female patients without direct supervision, oversight, or monitoring.

  4. Jones Healthcare had a duty of care to Plaintiff, as well as to other female patients when hiring, retaining, supervising, and evaluating its prospective employees, including Dr. McEnroe, to timely, adequately, and appropriately investigate, heed, and act on all reasonable suggestions and information that Dr. McEnroe had the propensity to, and/or had actually, inappropriately touched female patients in the course and scope of his employment for Jones Healthcare.

  5. Jones Healthcare had a duty of care to Plaintiff, as well as to other female patients, to prohibit Dr. McEnroe from privately interacting with Plaintiff as well as with other female patients, given Dr. McEnroe's propensity to sexually batter, threaten, harm, assault, and otherwise mentally, physically, and emotionally injure female patients.

  6. Upon information and belief, Dr. McEnroe engaged in unlawful sexual battery of numerous female patients while employed by Jones Healthcare before his physical contact with the Plaintiff on May 18, 2017.

  7. Dr. McEnroe used his position as a Jones Healthcare physician to gain access to vulnerable female patients and to assault and commit sexual battery against Plaintiff and other women.

  8. Jones Healthcare knew, or should have known, that Dr. McEnroe had committed sexual battery against other female patients prior to May 18, 2017, while employed by Jones Healthcare and that Dr. McEnroe had a propensity to assault and commit sexual battery against female patients and to otherwise physically threaten, harm, and injure such patients.

  9. Jones Healthcare continued to permit Dr. McEnroe's unfettered access to vulnerable female patients without a chaperone or other close personal supervision.

  10. Jones Healthcare failed to investigate the claims that Dr. McEnroe had assaulted, battered, and otherwise inappropriately touched female patients prior to May 18, 2017.

  11. Jones had a duty of care to Plaintiff, as well as to other female patients, to protect Plaintiff and its female patients and to otherwise ensure the safety of its female patients, including Plaintiff, from being assaulted and battered by Jones's employees and/or agent, including Dr. McEnroe.

  12. Assaults and sexual batteries of the sort suffered by Plaintiff were entirely preventable had Jones Healthcare timely, adequately, and appropriately investigated the complaints made regarding Dr. McEnroe' inappropriate contact with other patients prior to May 18, 2017 and intervened by prohibiting Dr. McEnroe's continuing unfettered and unsupervised access to vulnerable female patients, including Plaintiff.

  13. In breach of its duty of care, Jones Healthcare negligently retained Dr. McEnroe when Jones knew, or should have known, of Dr. McEnroe' propensity to sexually assault, batter, and otherwise harm and injure vulnerable female patients, including Plaintiff.

  14. In breach of its duty of care, Jones Healthcare was also negligent in supervising Dr. McEnroe by: 1) failing to engage a chaperone for any and all of Dr. McEnroe's examinations of Plaintiff and Dr. McEnroe's other patients; 2) failing to require Dr. McEnroe's to engage a chaperone for all examinations; and 3) allowing Dr. McEnroe to continue to examine and treat female patients in private and without a chaperone after being provided notice that Dr. McEnroe was inappropriately touching patients.

  15. The additional negligent and careless acts and omissions of the Defendant, Jones, include, but are not limited to:
    1. Failing to establish reasonable criteria for the granting of, withdrawal, or reduction of clinical privileges;

    2. Failing to exercise reasonable care to ensure that the duty of accountability of physicians at the Jones facility for medical care rendered to patients at the Jones facility is discharged;

    3. Failing to exercise reasonable care to detect when actions or behavior of a medical staff member are detrimental to patient care or general safety;

    4. Failing to exercise reasonable care to detect that actions or behavior of a medical staff member demonstrate noncompliance with Medical Center or Medical Staff Bylaws, Rules and Regulations or Policies and Procedures, and State Law;

    5. Failing to exercise reasonable care to detect that actions or behavior of a medical staff member are disruptive to Jones Healthcare's operation;

    6. Failing to exercise reasonable care to detect that actions or behavior of a medical staff member, in particular Dr. McEnroe, are unprofessional, unethical or illegal;

    7. Failing to exercise appropriate and reasonable care in appointing and/or reappointing the Defendant, Dr. McEnroe as a member of the Jones Medical Staff;

    8. Failing to exercise appropriate and reasonable care in granting medical privileges to the Defendant, Dr. McEnroe, to perform unsupervised/unchaperoned physical examinations of Jones patients to include Ms. McGuire; and

    9. Being otherwise careless and negligent.

  16. As the employer/principal responsible for the actions of its employees/agents including but not limited to Dr. McEnroe; Jones Healthcare's negligent hiring, negligent retention, negligent supervision, and negligent credentialing of Dr. McEnroe was a proximate cause of the Plaintiff's pain, suffering, severe mental anguish, physical injury, unnecessary medical care and expenses, lost wages, lost future wages, loss of future earning capacity, and other injuries and damages.

WHEREFORE: The Plaintiff claims monetary damages in excess of the concurrent jurisdiction of the District Court ($30,000.00) against Jones Healthcare, in an amount to be determined at trial, plus costs, post judgment interest at the legal rate of ten percent (10%) per annum from the date of judgment, and for any further relief that this Honorable Court determines necessary and appropriate.

COUNT VIII: (Failure to Comply with Maryland's Informed Consent Law - All Defendants)
  1. The Plaintiff re-alleges and incorporates by reference herein all of the allegations contained in paragraphs 1-81 above and further alleges as follows:

  2. The Defendants, Dr. McEnroe, and Jones Healthcare, individually and through their real, apparent and/or ostensible agents, servants and/or employees, specifically including Dr. McEnroe, owed to the Plaintiff, Ms. McGuire, the duty to appropriately notify the Plaintiff of the nature of the procedure, the benefits of the procedure, the probability of success of the procedure, the proposed alternatives to the proposed procedure, and the risks of the procedure in order to obtain the Plaintiff's informed consent to her plan of care, physical examination by Dr. McEnroe, and/or treatment.

  3. The Defendants, Dr. McEnroe and Jones Healthcare, individually and through their real, apparent and/or ostensible agents, servants and/or employees, to specifically include Dr. McEnroe, failed to appropriately obtain Ms. McGuire's informed consent for the plan of care and physical examination by Dr. McEnroe, including, but not limited to, Dr. McEnroe placing his finger in her vagina.

  4. As the direct and proximate result of the failure by the Defendants Dr. McEnroe, and Jones Healthcare, individually and through their real, apparent and/or ostensible agents, servants and/or employees, to specifically include Dr. McEnroe, to obtain Ms. McGuire informed consent, Ms. McGuire, experienced pain, suffering, severe mental anguish, physical injury, unnecessary medical care and expenses, lost wages, lost future wages, loss of future earning capacity, and other injuries and damages.

WHEREFORE: The Plaintiff claims monetary damages in excess of the concurrent jurisdiction of the District Court ($30,000.00) against Jones Healthcare and Dr. McEnroe, in an amount to be determined at trial, plus costs, post judgment interest at the legal rate of ten percent (10%) per annum from the date of judgment, and for any further relief that this Honorable Court determines necessary and appropriate.

Respectfully Submitted,
MILLER & ZOIS, LLC

_______________________
Ronald V. Miller, Jr.
Miller & Zois, LLC
One South Street, Suite #2450
Baltimore, Maryland

PLAINTIFF'S REQUEST FOR JURY TRIAL

Plaintiff, pursuant to Maryland Rule 2-325, prays a trial by jury on all issues.

________________________
Ronald V. Miller, Jr.

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