Shilkret v. Annapolis Emergency Hospital Association
Maryland Court of Appeals
276 Md. 187, 349 A.2d 245 (1975)
- Written by Brian Meadors, JD
Facts
Mark Allen Shilkret (plaintiff), an infant, was born at the Anne Arundel General Hospital. The hospital was owned and operated by the Annapolis Emergency Hospital Association (AEHA) (defendant). Since his birth, Shilkret had been continuously institutionalized due to brain damage. Mark’s parents, Jack and Ruth Shilkret (plaintiffs), claimed the brain damage was caused by AEHA’s negligence and the negligence of four of its doctors (defendants). According to the Shilkrets, neither AEHA nor its doctors met national standards of care, nor did they meet the standard of care in a similar locality. The Shilkrets gave evidence showing that national and similar-locality standards were not met. AEHA and its doctors argued that neither the national nor similar-locality standard of care were applicable. AEHA and its doctors met a different standard, the strict-locality standard. The trial court judge directed a verdict in favor of AEHA and its doctors, holding that the strict-locality standard was the correct standard of care for hospitals and physicians. The Shilkrets appealed.
Rule of Law
Issue
Holding and Reasoning (Levine, J.)
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