Faulty medical care can result in further injuries, expenses, and stress for the patient. Some plaintiffs take legal action by filing a medical malpractice claim, as in a May 31, 2017 case decided by the Court of Special Appeals of Maryland. The plaintiff in the case brought a medical negligence action against a hospital, based solely on vicarious liability, alleging that her physician negligently performed a laparoscopic hysterectomy and caused an injury to her uterus. The plaintiff won at trial, and the jury awarded her approximately $425,000 in damages. The hospital filed an appeal.
The primary issue for the appeals court to decide was whether the plaintiff could lawfully bring her negligence claim against the hospital based on the doctrine of respondeat superior after she had voluntarily dismissed her claim against the doctor with prejudice. Respondeat superior is a legal doctrine that holds an employer vicariously liable for a tort committed by its employee while acting within the scope of his employment. In Maryland, the plaintiff may sue an employer based on the wrongful conduct of its employee without suing the employee as well. To establish the liability of the employer in such cases, the plaintiff need only prove that the employee committed the tort and did so while acting within the scope of his employment.
There are, however, two situations under Maryland law in which the settlement of a claim against the employee will preclude vicarious liability on the part of the employer: (1) the exoneration of the employee; and (2) the plaintiff’s release of her claim against the employee. On appeal, the hospital argued that the dismissal of the plaintiff’s claim against her doctor with prejudice constituted a release of liability against both the doctor and the hospital. The issue is one that has not been decided uniformly across the country.