Release & Wrongful Death: Spangler v. McQuitty 2
The Baltimore Medical Malpractice Lawyer Blog discusses legal principles in Maryland medical malpractice cases. In this post, I discuss the effect of an injured person’s release of a medical malpractice claim on a wrongful death claim against other joint tortfeasors. I use the Court of Appeals reported opinion in Spangler v. McQuitty, 449 Md. 33 (2016).
Factual Background
The plaintiffs had previously brought a birth injury case on behalf of their son against the mother’s OB/GYN and practice group for failure to obtain informed consent for treatment during pregnancy. As a result, the mother had a placental abruption, which caused their son to have cerebral palsy. (Op. at 2). Another OB/GYN in the group and a hospital were also defendants, but they settled. The plaintiffs then obtained a judgment against the defendants in excess of $5 million, which the defendants paid. (Id. at 2-4).
Afterward, the minor died. The minor’s parents then filed wrongful death claims in a new lawsuit in the Circuit Court for Baltimore County. The defense moved to dismiss the case, and the circuit court granted the motion. (Id. at 4-5). The Court of Special Appeals reversed. The defense then appealed. (Id. at 7-9).
Court of Appeals on Release and Subsequent Wrongful Death Action
Firstly, the CA addressed the defendant’s argument that the plaintiffs could not pursue the wrongful death claims. You can read about that ruling here: Wrongful Act: Spangler v. McQuitty 1
The court then examined the issue of whether a decedent’s release of one joint tort-feasor in a personal injury action for any future claims in connection with the tortious conduct also precludes the decedent’s beneficiaries from pursuing a wrongful death action against all joint tort-feasors based on the same underlying facts. (Id. at 1).
The release was a covenant between the decedent and the settling OB/GYN. It specifically revealed an intent to release only him. As a result, the release does not bar the plaintiff’s wrongful death action against the defendants. (Id. at 36).
Paragraph 8 of the release provided:
That, in consideration of the monies paid, Plaintiff covenants that wrongful death primary beneficiaries and secondary beneficiaries, known and unknown will not maintain any potential action for wrongful death, which stems from the subject matter of The Lawsuit. Plaintiff covenants that his heirs, executors, administrators, successors and assigns will not maintain any potential action for survival to include, but not necessarily limited to, funeral expenses. (Id. at 40).
The defendants argued that this paragraph barred “any” wrongful death claim “known and unknown”, not just one against the settling OB/GYN.
Holding
The CA noted:
“Cts. & Jud. Proc. § 3-1404 provides: A release by the injured person of one joint tort-feasor, whether before or after judgment, does not discharge the other tort-feasors unless the release so provides, but it reduces the claim against the other tort-feasors in the amount of the consideration paid for the release or in any amount or proportion by which the release provides that the total claim shall be reduced, if greater than the consideration paid.” (emphasis added). (Id. at 36-37).
The CA rejected the defendants’ argument as based on an isolated portion of the release. Reading the provisions together demonstrates that the decedent did not release the parties who are defendants in this case, or all tort-feasors. (Id. at 38, 40).
The court specifically held that pursuant to the Maryland Uniform Contribution Among Tort-Feasors Act, Cts. & Jud. Proc. § 3-1404, a release by the injured person of one joint tort-feasor, whether before or after judgment, does not discharge the other tort-feasors unless the release so provides. Thus, where the language of a release unambiguously reveals an intent to release only one joint tort-feasor, the release does not preclude a subsequent wrongful death action against other tort-feasors that were not parties to the release. (Id. at 1-2).
Commentary by Baltimore Medical Malpractice Lawyer Mark Kopec on Release and Subsequent Wrongful Death Action
This opinion is an important case under Maryland release law. The CA emphasizes that it will not take release provisions out of context. Even though the release in paragraph 8 did not specify a party, the overall provisions of the release made it clear that the recipient was the party that settled, and not the joint tort-feasors who would become defendants in the wrongful death case. This ruling has significant implications for medical malpractice claims, as it clarifies the interpretation of release provisions in such cases.
You can read other posts on issues involving joint tortfeasors in the settlement category.
Mark Kopec is a top-rated Baltimore medical malpractice lawyer. Contact us at 800-604-0704 to speak directly with Attorney Kopec in a free consultation. The Kopec Law Firm is in Baltimore and helps clients throughout Maryland and Washington, D.C. Thank you for reading the Baltimore Medical Malpractice Lawyer Blog.