Jonathan Cavins is a pediatrician who was convicted of two counts of felony child molesting, one count of felony sexual misconduct with a minor, and two counts of felony child seduction for his commission of sexual acts on several male teenage patients while he was employed at Anonymous Hospital. Following Cavins’ convictions, one victim and his parents filed a medical malpractice action against Cavins and the Hospital. The plaintiffs reached a confidential settlement with the Hospital in an amount sufficient to permit them to petition for excess damages from the Patient’s Compensation Fund. Thereafter, the plaintiffs filed an action, in which both the Hospital and Cavins intervened, for additional compensation from the Patient’s Compensation Fund. The Fund moved for summary judgment, asserting that plaintiffs’ claim falls outside the scope of the Medical Malpractice Act. The trial court denied the Fund’s motion. The Fund now appeals, contending that, because Cavins’ sexual assault does not constitute an act or omission of health care, plaintiffs’ claim for damages arising out of the sexual assault does not give rise to a claim for medical malpractice under the Medical Malpractice Act and, consequently, that plaintiffs’ claim against the Hospital cannot be characterized as negligent credentialing under the Act. The Fund thus contends that plaintiffs’ claims do not constitute medical malpractice under the Act that would give rise to a claim for excess damages against the Fund.

The scheduled panelists are Judge Robb, Judge Foley, and Senior Judge Najam.