The Court of Special Appeals of Maryland recently reviewed a lower court’s decision granting summary judgment in favor of a physician-defendant in a medical malpractice case. In Puppolo v. Sivaraman, the plaintiff’s wife died as the result of the administration of heparin, an anticoagulant used to prevent blood clotting during dialysis. Heparin is not typically administered to patients with platelet levels below 50, since there is a high risk that heparin-induced thrombocytopenia, a serious and sometimes fatal condition, may occur. On December 23, 2008, although the plaintiff’s wife had a platelet level of 1, she was given two doses of heparin, and she died shortly thereafter.
The plaintiff brought a wrongful death claim against his wife’s doctor, alleging that he breached his duty of care by administering the heparin to his wife, or allowing it to be administered to her. In order to establish medical malpractice, the plaintiff must prove that the defendant owed a duty of care to the victim, the defendant breached the duty of care, the defendant’s actions caused the injury to the victim, and damages were incurred. Generally, expert medical testimony is required to prove the standard of care and what constitutes a breach of that standard.
In Puppolo, the evidence indicated that the doctor did not write an order for heparin and that one of the other resident doctors working in the hospital ordered the prescription. The plaintiff nevertheless contended that the defendant was liable for the resident’s breach of the standard of care under the borrowed servant rule. The lower court granted the defendant’s motion for summary judgment, finding that there was nothing to support the plaintiff’s assertion that the defendant ordered, directed, approved, or controlled the ordering of heparin.