When multiple parties contribute to a plaintiff’s injuries, the plaintiff may benefit from the guidance of a Maryland personal injury attorney. In these types of cases, Maryland law allows the plaintiff to recover the amount of damages that fully compensates the plaintiff for his or her injuries, and no more. Once that amount has been completely satisfied, the plaintiff cannot pursue compensation from other tortfeasors for the same injuries.
This issue was recently addressed in an April 29, 2019 case decided by the Court of Appeals of Maryland. The plaintiff in the case brought a medical malpractice action against the hospital that treated her for injuries she suffered in car accident. After undergoing surgery for injuries caused by the accident, the plaintiff developed an infection. The antibiotics were given through a Peripherally Inserted Central Catheter (“PICC line”), which was inserted into her left arm. During the insertion, however, the PICC line punctured the plaintiff’s brachial artery. As a result, the plaintiff underwent vascular surgery to repair her brachial artery.
The medical malpractice suit was filed after the plaintiff had settled a prior action against her insurance company and the negligent driver that caused the accident. As a result of the settlements, the plaintiff received compensation for the injuries she suffered in the accident. The question for the court was whether the plaintiff was therefore barred by the one satisfaction rule from recovering compensation from the hospital on her medical malpractice claim.