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Mathews v. Gary9/5/2000
REPORTED
In the Circuit Court for Prince George's County, Rita Underwood Gary, appellee, asserted a medical malpractice claim against Doctors Shaheer Yousaf and George J. Matthews, appellants, who had (1) treated appellee for injuries she sustained in an automobile accident, and (2) testified on appellee's behalf during the trial of her personal injury action against the driver of the other vehicle involved in that accident. A jury agreed with appellee's claim that appellants had subjected her to "unnecessary" post-accident surgery. Appellants now present the following questions for our review:
I. Did the trial court err as a matter of law by denying appellants' motions for summary judgment and/or motions for judgment notwithstanding the verdict, as appellee's claim was barred by the application of the doctrine of judicial estoppel?
II. Did the trial court err as a matter of law by denying appellants' motions for summary judgment and/or motions for judgment notwithstanding the verdict, as appellee's claim was barred by the application of the doctrine of collateral estoppel?
III. Did the trial court err as a matter of law by denying appellants' motions for summary judgment and/or motions for judgment notwithstanding the verdict, as appellee was awarded all damages from a jury in a prior litigation and received a satisfaction, thereby eliminating any recoverable damages?
IV. Did the trial court err in denying appellants' motions for new trial and/or remittitur based on the fact that appellee had been awarded damages to which she was not entitled?
For the reasons that follow, we shall reverse the judgment of the circuit court.
Factual Background
On July 10, 1991, appellee sustained a lower back injury in an auto accident caused by the negligence of one Marie Thompson (Ms. Thompson). Appellee sought medical treatment for her injury and saw appellant Yousaf in August of 1991. Dr. Yousaf prescribed (1) additional medication, (2) physical therapy, and (3) a back brace. Appellee returned to Dr. Yousaf the next month, complaining that her condition was worsening. At this time Dr. Yousaf suggested that appellee (1) wear a back brace, (2) attend "back school" to help prevent further pain, and (3) lose some weight to alleviate pain.
When appellee's condition had not improved by October of 1991, Dr. Yousaf suggested "facet block treatment," which consisted of an injection of anesthetic and cortisone into the facet joint at a particular point on her spine. Appellee agreed to this procedure, and underwent several series of injections. When the injections only alleviated the pain on a temporary basis, Dr. Yousaf concluded that appellee was suffering from post traumatic facet syndrome, and referred her to a neurosurgeon, appellant Matthews. Appellee met with Dr. Matthews in March of 1992.
Dr. Matthews agreed with Dr. Yousaf that appellee was suffering from lumbar facet injury syndrome. Both doctors explained to appellee that bone fusion surgery was a possible cure, but carried certain risks and no guarantees. Appellee agreed to have the surgery. On May 20, 1992, appellants performed what is known as an "anterior interbody fusion and associated iliac crest bone graft harvest." On August 3, 1992, during a post-surgical appointment, appellee informed Dr. Matthews that she had considerable improvement to her back and Dr. Matthews noted that her swelling had subsided. On April 16, 1993, appellee informed Dr. Yousaf that her pain and function levels had improved significantly since the operation.
Procedural History
A. The Charles County Litigation: Appellee v. Thompson
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