Personal Injury Law

New Maryland Med Mal Appellate Opinion

In Muti v. University of Maryland Medical Systems, the Maryland Court of Special Appeals returned again to a subject that, until recently, has gotten little attention by our appellate courts: "use plaintiffs" in wrongful death cases.

This is a medical malpractice wrongful death and survival action claim brought by two men who alleged that University of Maryland Medical Systems ("UMMS") doctors negligently tore their father's trachea during an intubation procedure after he had an acute myocardial infarction. Plaintiffs' malpractice lawsuit alleged the doctors failed to timely treat the torn trachea which led to complications that caused their father's death.

Tragic anyway you look at it but, so far, nothing out of the ordinary in a medical malpractice case. Until, in deposition testimony that apparently surprised lawyers on both sides, the sons testified that their father had a third adopted son. The hospital and the doctors jumped on this, filing a motion to dismiss for failing to join a necessary party. Baltimore City Circuit Court Judge Evelyn Cannon dismissed the plaintiffs' wrongful death claims without leave to amend, finding that in applying the law the court should not look to see "whether or not this will make it difficult for one party or the other.? This effectively barred the wrongful death claim because the three year statute of limitations had passed.

Full post as published by Maryland Injury Lawyer Blog on February 10, 2011 (boomark / email).