Legal Question in Personal Injury in Maryland

You could theoretically sue under these circumstances, but unless the pain was more than just temporary, or there were some other continuing consequences, it's unlikely that the expense of doing so would justify such action. The statute of limitations for assault is 1 year, but for malpractice it would be 3. I suspect it would be difficult to prove that the surgeon acted for the purpose of causing you pain, as opposed to completing some test or procedure.