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Nelson v. Debbas12/8/2004
Argued: September 14, 2004
Medical negligence - Health Care Malpractice Act - Requirement of Certificate of Qualified Expert as condition precedent to maintaining action in circuit court - Certificate was not substantially defective because certifying expert later, in deposition, limited her assertion of violation of the standard of care to just one of the defendants (with whom claimant had settled) - certifying expert testified that other medical experts would testify at trial regarding breach of the standard of care by other defendants - certifying expert's later affidavit, although not required under the facts of this case, bolstered conclusion of adequacy of the certificate.
Medical negligence - where defendant hospital asserts that all attending physicians were independent contractors, evidence is sufficient to generate a dispute of material fact to defeat motion for summary judgment - question of apparent authority is one of fact for the jury.
Appellants, Thelma Nelson, Individually, and as Personal Representative of the Estate of Madeline V. Lyons, and others, filed a medical negligence action against appellees, Elie G. Debbas, M.D., and Fort Washington Hospital, pursuant to the Maryland Health Care Malpractice Claims Act. On motions of appellees, the Circuit Court for Prince George's County dismissed the action against Elie G. Debbas, M.D., and granted summary judgment in favor of Fort Washington Hospital.
Appellants have raised for our review two questions, which we have recast as follows:
3. Did the trial court err in dismissing appellants' medical negligence suit on the ground that appellants failed to file a Certificate of Qualified Expert, as required by the Maryland Health Care Malpractice Claims Act?
4. Was the evidence sufficient to create a dispute of material fact on the question of whether there was an agency relationship between the attending physicians, who administered care to the Decedent, and the Hospital?
For the reasons that follow, we shall reverse the orders of the circuit court.
FACTUAL BACKGROUND
On May 10, 2000, Madeline V. Lyons ("Decedent") visited the emergency room at Fort Washington Hospital ("the Hospital"), complaining of weakness and fatigue. At the Hospital, she was examined and treated by Dr. Hengameh N. Mesbahi, who advised Decedent to follow up with her primary care physician, Dr. Michael G. Sidarous.
On May 12, 2000, Decedent presented to Dr. Sidarous with symptoms similar to those she complained of at the Hospital on May 10. Dr. Sidarous diagnosed Decedent with mild congestive heart failure, and prescribed medication. He further advised her to return to the Hospital should her symptoms worsen. On May 16, 2000, Decedent returned to the Hospital, complaining of excruciating abdominal pain.
On both May 10 and May 16, the Hospital required that Decedent complete a consent form, entitled "Conditions of Admission to Emergency Department of Hospital." The form contained the following language: MEDICAL CONSENT: I hereby voluntarily consent to such diagnostic procedures and hospital care and to such therapeutic treatment by doctors of the medical staff of Fort Washington Hospital, which, in their judgment becomes necessary while I am an Emergency Department patient or an inpatient in said hospital.
Upon her completion of the medical consent on May 16, Decedent was admitted to the Hospital's emergency room.
Decedent was first seen by Patrick W. Daly, M.D., an emergency room physician and Director of the Hospital's Emergency Medical Department, in the emergency room shortly after 9:00 a.m. Dr. Daly exa
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