Transcare Maryland, Inc. v. Murray
Annotate this CaseRespondent, a minor who was having trouble breathing, was transferred by helicopter from a hospital to a university medical center. Present on the flight was a paramedic employed by Petitioner TransCare Maryland, Inc., who had been invited to ride along by the UMMS nurse for training purposes. During the flight, Respondent's heart rate and oxygen level began to drop because the endotracheal tube had allegedly become dislodged and was blocking Respondent's airway. Respondent, by his mother, filed a complaint against TransCare, a commercial ambulance company, alleging medical malpractice on the basis that its employee had failed to provide the requisite standard of care and that TransCare was liable for Respondent's resulting brain injury under the principle of respondeat superior. The circuit court granted summary judgment for TransCare, concluding that TransCare was immune under the Good Samaritan Act and the Fire and Rescue Act. The court of special appeals reversed, holding that neither statute applied to a private, for-profit ambulance company. The Court of Appeals affirmed, holding that neither statute relieved TransCare of liability for the allegedly negligent actions of its employee while its employee was in training.
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