Courts are generally reluctant to allow appeals of partial judgments while a case is still pending unless there is a compelling justification for doing so. A recent opinion issued in a Maryland medical malpractice case demonstrates the high bar litigants must meet to demonstrate that they should be permitted to appeal a non-final judgment. If you suffered harm due to incompetent medical care, it is smart to talk to a Baltimore medical malpractice attorney about your options as soon as possible.
Case Setting
This medical negligence action arises out of care the plaintiff, proceeding pro se, received at Suburban Hospital in October 2015. The plaintiff alleged that the hospital failed to prevent a pulmonary embolism and sought damages for medical malpractice and lost economic opportunities. The parties filed cross-motions for partial summary judgment, with the plaintiff pursuing direct liability theories against the hospital and the defendants seeking dismissal of various claims.
In an August 2024 decision, the court dismissed several of the plaintiff’s claims. Specifically, the court held that the plaintiff failed to present expert evidence to support corporate negligence theories, such as failure to train or supervise. The court also dismissed the plaintiff’s claims for lost profits, finding a lack of evidentiary support. However, it denied summary judgment on the plaintiff’s respondeat superior theory of liability, finding genuine disputes of fact regarding whether the treating physician was an apparent agent of the hospital and whether his conduct caused the plaintiff’s injury. Continue Reading ›
Published by Arfaa Law Group












