Recently, the Court of Appeals of Maryland decided a case concerning non-party negligence in a Maryland medical malpractice case. Maryland state law allows those injured by a doctor or other health care professional’s negligence to file a medical malpractice suit against the negligent party to recover for their injuries. Sometimes, when defending against that claim, the defendant will attempt to argue that they were not negligent, but that someone else—a non-party in the case—was negligent, and they caused the injuries.
The recent case provides such an example. According to the court’s written opinion, the plaintiff was found to have a renal tumor in his kidney and an adjacent enlarged lymph node. His urologist removed the cancerous kidney, but did not remove the lymph node because it was thought that it could not be removed safely. The plaintiff’s oncologist also did not think the lymph node could be removed, even though it was likely cancerous. The oncologist treated the plaintiff with a chemotherapy drug instead for several years, and the lymph node shrunk (confirming it was cancerous). During this treatment, a radiologist interpreted various scans of the plaintiff’s lymph node, but never noted any issue of enlargement. However, the original radiologist and another radiologist did note that the scans of the lymph node were not always performed with the best technology, meaning sometimes they were difficult to interpret.
Tragically, it turns out that the lymph node—still cancerous—had increased in size over the years. At this point, it was definitely too big to remove, and the plaintiff underwent cancer treatment. The plaintiff filed suit against the radiologists, alleging that they failed to alert his oncologist of the lymph node’s growth. Had they done so, the plaintiff argues, the oncologist could have removed it safely before it grew too large.