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Newman v. Reilly12/12/1988
The plaintiff in this tort action was involuntarily committed to a mental disorder treatment facility on the certificate of two physicians and was released following the first admission hearing at the facility. Plaintiff alleged, inter alia, that the defendant, one of the certifying physicians, had not followed statutorily mandated procedures for an involuntary commitment. The merits of that contention turned on a relatively narrow question of statutory construction which was obscured, if not buried, by the layers of legal papers filed in proceedings in health claims arbitration and in circuit court. There emerge for this certiorari review three issues concerning costs of defense incurred both in arbitration and in the circuit court and imposed as sanctions by the circuit court on both the plaintiff and his trial counsel. Those issues are:
1. Was the circuit court authorized to sanction conduct which occurred in health claims arbitration?
2. Did the continued prosecution of this claim in the circuit court justify assessing the cost of defense in the circuit court as a sanction?
3. In any event, are the appellate courts prevented from reviewing the sanction imposed on trial counsel because the order for appeal filed in the circuit court in this case is ineffective as to trial counsel?
We shall answer each question "No," for reasons hereinafter stated.
The challenged commitment extended from August 7 to August 11, 1983. Plaintiff, Luke R. Reilly (Reilly), was
employed by the Maryland State Police, apparently as a police officer. He and his wife had been separated. Prior to the involuntary commitment Reilly had manifested symptoms of depression and at times had spoken and acted in a manner at least suggestive of suicide.
On August 7, 1983, at about 8:30 a.m., Reilly telephoned the offices of the professional association of which the defendant, Dr. George C. Newman, II (Dr. Newman), was a member. Reilly left a message on the answering machine that he desired to speak to a Dr. Wooster, who was also a member of the professional association. Because Dr. Wooster was not working that day, Dr. Newman returned Reilly's call at approximately 9:00 a.m. Reilly stated that he preferred to speak with Dr. Wooster and did not discuss with Dr. Newman whatever had prompted Reilly's call to the doctors' offices. Dr. Newman replied that he would try to reach Dr. Wooster for Reilly.
Dr. Newman placed a telephone call to Reilly at about 1:00 p.m. that same day, advising him that he had been unable to reach Dr. Wooster but that he had spoken to Reilly's estranged wife and that he understood Reilly's problem. Approximately twenty minutes before placing the telephone call to Reilly, Dr. Newman had telephoned the Hagerstown barracks of the Maryland State Police and arranged for the State Police to bring Reilly to Washington County Hospital.
At approximately 2:00 p.m. Dr. Newman "contacted" Dr. Ira L. Fetterhoff, a psychiatrist who had examined Reilly
for three hours on August 6, 1983. Dr. Newman arranged for Dr. Fetterhoff to be at Washington County Hospital when the State Police arrived with Reilly.
A third telephone conversation between Dr. Newman and Reilly occurred at about 3:00 p.m., just before the State Police "escorted" Reilly to Washington County Hospital. Neither party's version of that conversation is in the record.
When the police arrived at the hospital, Reilly remained on the parking lot. From inside the building Dr. Newman was able to see him through a window. This was the closest contact Dr. Newman had with Reilly at the hospital. Dr. Fetterhoff went ou
Page 1 2 3 4 5 6 7 8 9 10 11 12 13 Maryland Personal Injury Attorneys
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