No Immunity: TransCare Case in Court of Appeals
According to Maryland’s Daily Record, a new Court of Appeals case has been decided involving immunity. Karen Murray’s lawsuit claimed her son had suffered permanent brain injuries as a result of a flight between two hospitals. However, a Talbot County judge dismissed the suit, saying that TransCare (see possible defendants named TransCare here) was entitled to immunity.
Immunity does not exactly mean that a defendant cannot be sued. It does, however, mean that liability functions differently. The Maryland Good Samaritan Act was at issue. It provides immunity to volunteer ambulance companies. This Court of Appeals decision means for-profit ambulance companies are treated differently. It also means the question: Can I sue the ambulance company that transported me to the hospital? has a slightly different answer. You could always file a lawsuit, but now you are more likely to recover.
Private ambulance companies are likely to take note of this. In addition to TransCare, such companies include Best Care Ambulance, Chesapeake Ambulance, and Lifestar.
The applicable code regulation is MD Courts and Judicial Proceedings section 5-603, addressing emergency medical care.
The lawyers for Ms. Murray and the family are the Snyder litigation team. Jason Timoll and Jessie Cox handled the appeallate argument before the Maryland Court of Appeals, Maryland’s highest court.