American Radiology Services, LLC v. ReissAnnotate this Case
In this medical malpractice action, the Court of Appeals affirmed the judgment of the Court of Special Appeals reversing the judgment of the trial court holding that Defendants had not breached the standard of care, holding that the trial court erred in allowing Defendants to raise and argue the issue of non-party negligence and to submit the issue to the jury.
Defendant-physicians in this case denied liability but asserted, as an alternative causation theory, that the negligence of a non-party physician was a cause of Plaintiff's injuries. At issue was whether a jury may consider whether a non-party physician was negligence and caused injury to Plaintiff without the expert testimony necessary to establish medical negligence when medical negligence is raised as a defense. The Supreme Court held (1) expert testimony is required to establish medical negligence and causation when such matters are outside the common knowledge of jurors; (2) to the extent a defendant elects to raise non-party medical negligence as part of its defense, the defendant has the burden to produce admissible evidence to allow a jury to make a finding on that issue; and (3) the trial court erred in allowing Defendant to raise and argue the issue of non-party negligence under these circumstances.