Scott Wadsworth, et al. v. Poornima Sharma, et al.

Summary

The Maryland Court of Appeals held that a plaintiff bringing a wrongful death action arising from alleged medical malpractice must prove by a preponderance of the evidence that the alleged malpractice proximately caused the decedent’s death. The Court rejected application of the loss of chance doctrine to the claim and affirmed summary judgment for the defendants. It concluded that any change to Maryland’s causation standard or wrongful death law should be made by the General Assembly.

Holdings

1. Maryland does not recognize the loss-of-chance doctrine in wrongful death actions.
2. The plaintiffs could not proceed on the wrongful death claim because the undisputed evidence did not show that Dr. Sharma's alleged negligence more likely than not caused Ms. Wadsworth's death.

Questions Presented

1. Whether Maryland's Wrongful Death Act permits recovery when alleged medical negligence reduced a terminally ill decedent's chance of surviving for a longer period but did not more likely than not cause the decedent's death.
2. Whether Maryland recognizes the loss-of-chance doctrine in a wrongful death action.
3. Whether the circuit court properly granted summary judgment because the plaintiffs could not prove by a preponderance of the evidence that the alleged negligence proximately caused the decedent's death.

Disposition

affirmed