To succeed in a Maryland medical malpractice action, the plaintiff must show that the treatment he received from his doctor fell below professional standards, and as a result, caused the plaintiff’s injury. In some situations, the defendants may argue that the negligence of non-parties contributed to the plaintiff’s injuries, as in a June 26, 2019 case before the Court of Special Appeals of Maryland. However, the defense of non-party negligence must be properly supported by evidence before it can be presented to a jury.
In the case, a cancer patient brought a medical malpractice action for the defendants’ failure to remove a cancerous lymph node before it became inoperable. The plaintiff had received medical care from multiple doctors before the diagnosis and during the course of his treatment, but eventually pursued his claims against two radiologists and their employer.
The case went to trial. During the closing argument, the defendants argued that the plaintiff’s injuries resulted from the conduct of three non-party physicians, and not from any negligence on the part of the defendants themselves. The jury ultimately found that the defendants were not negligent. The plaintiff appealed, asserting that the trial court had erred by allowing the issue of non-party negligence to go to the jury without expert testimony of same.