Howard Reg'l Health Sys. v. GordonAnnotate this Case
Jacob Gordon's mother sued Howard Community Hospital, alleging it committed medical malpractice while caring for her newborn son. In another count of the complaint, the mother sought separate damages for spoliation, alleging that the hospital had lost certain medical records associated with Gordon's care and that this loss made it impossible for Gordon to pursue a medical malpractice claim against one of his doctors, who was also a defendant. The trial court granted the Gordons partial summary judgment with respect to the third-party spoliation claim. The court of appeals affirmed. The Supreme Court vacated the opinion of the court of appeals and reversed the grant of partial summary judgment, holding that because the Court had so far declined to recognize a count alleging spoliation as representing a separate cause of action, the hospital was entitled to summary judgment on that claim. Remanded.