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Afamefune v. Suburban Hospital3/17/2005
he complaint shows that Long was brought to Franklin Square Hospital because he was thought to be a suicide risk. He was kept there involuntarily because the health care providers at that hospital were attempting to treat him for that problem. His claimed false imprisonment, from which the asserted emotional distress arose, was caused by those health providers who executed Physicians' Certificates for mentally disordered that are required for involuntary admission to mental health facilities."
Id. at 575-76, 514 A. 2d at 1226. After discussing the plaintiff's arguments with respect to the violation of COMAR 10.21.01.03 and pertinent other provisions, the court observed:
"It is apparent to us that what Long's complaint in fact alleges is misdiagnosis of his condition and the subsequent rendition of unnecessary and, therefore, improper care. The appellees' alleged failure to comply with various COMAR provisions dealing with the treatment of involuntary mental committees is in effect a charge of malpractice - the failure to adhere to a standard of care required (by COMAR) of certain health care providers."
Id. at 576, 514 A. 2d at 1226-27.
The Court of Special Appeals proceeded to contrast its case with Nichols v. Wilson, noting:
"The case before us is unlike Nichols. In that case the cause of action (the slap) did not arise from a negligent, reckless, or unnecessary suture removal. Rather, the slap was a gratuitous act that obviously was not part of the medical treatment. Here, the cause of action is based on the treatment itself and other actions that are said to be in violation of mandated health care standards."
Id. at 567-77, 514 A. 2d at1227. The intermediate appellate court concluded:
"In the case before us, Long's claims arise from a doctor- patient relationship, albeit an involuntary one. They stem from the rendering of health care in alleged contravention of standards applicable to that care. They implicate directly the professional competence of the several appellees. We hold that Long's common law claims involve medical injuries as defined in ยง 3-2A-01(f), and thus are subject to arbitration as a condition precedent to judicial relief."
Id. at 578, 514 A. 2d at 1227.
The plaintiff in Roberts v. Suburban Hospital brought, in the Circuit Court for Montgomery County, an action against the hospital, which presented three theories: strict liability, breach of implied warranties of fitness and merchantability and negligence. 73 Md. App. at 2-3, 532 A. 2d at 1082. A hemophiliac, the plaintiff alleged that he had received all of his blood transfusions at the hospital and that he contracted AIDS as a result of a blood transfusion. Id. The hospital moved to dismiss the complaint, alleging failure to comply with the mandatory arbitration requirements. The Court of Special Appeals agreed, although the Circuit Court had not decided the case on that basis. It did so on the basis that the negligence count "stated a claim for breach of professional skill and duty and ... it was therefore subject to the Act." Id. at 6-7, 532 A. 2d at 1084. "That count charged the hospital with breaching a duty `to use ordinary and reasonable care in the selection, screening and testing of blood suppliers and donors for infectious diseases and viruses including the AIDS virus and to use ordinary and reasonable care to mitigate the possibility of AIDS being transmitted to patients receiving blood transfusions in the hospital." Id. at 6, 532 A. 2d at 1084.
The cases in which the Act has been found to apply, including those on which the appellee relies, have all involved claims that arose as a result of the rend
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