Mummert v. AlizadehAnnotate this Case
Decedent died from colorectal cancer that spread to her spine. Decedent had sought treatment for several years from Defendant, who failed to diagnose the cancer. Plaintiffs, Decedent's surviving husband and children, filed wrongful death claims against Defendant. Defendant filed a motion to dismiss, arguing that Plaintiffs' claims were precluded because Decedent had not brought a timely personal injury lawsuit against Defendant, nor could she have at the time of her death as it would have been barred by the statute of limitations applicable to medical negligence claims. The circuit court granted the motion. The Court of Appeals reversed, holding (1) a wrongful death beneficiary's right to file a lawsuit is not contingent upon the decedent's ability to bring a timely negligence claim on the date of her death; and (2) Md. Code Ann. Cts. & Jud. Proc. 5-109 does not apply directly to a wrongful death action arising out of alleged medical malpractice, and thus it does not bar Appellants' wrongful death action.