The Injury Litigation Blog

Facts and Opinions.
Feel free to disregard the opinions.

No Immunity: TransCare Case in Court of Appeals

By Byron Warnken

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.

 

 

 

 

St. Joe’s Lawsuits

By Byron Warnken

The Baltimore Business Journal recently reported some details of the UMMS St. Joe’s purchase.  Largely because of lawsuits against St. Joseph Medical Center, the deal was done as an assets only transaction.  The facilities were sold, among other things.  However, University of Maryland will not be responsible for the host of lawsuits against St. Joe’s, Catholic Health […]

Cardea Settles Howard County Case

By Byron Warnken

James Cardea has settled a Howard County lawsuit, originally filed in late 2011.  The plaintiff was the estate of Jennifer Olenick and the heirs thereto.  The was for medical malpractice.  Because the defendant was an oral surgeon, some might consider the case a dental malpractice matter. Jennifer Olenick went in for routine surgery.  She was […]

Lodowski Verdict Restored

By Byron Warnken

The Maryland Court of Special Appeals ruled this past week in Barnes v. Greater Baltimore Medical Center.  According to the Maryland Daily Record, the Court reinstated a $1.1 million dollar verdict.  The trial judge, Hon. Ruth Ann Jakubwoski, had granted a defense motion for a judgement notwithstanding the verdict and Barnes appealed. For you laypeople […]