Davison v. Sinai Hospital of Baltimore, Inc.
| Decision Date | 27 March 1980 |
| Docket Number | No. 79-1100,79-1100 |
| Citation | 617 F.2d 361 |
| Parties | Ethel M. DAVISON and David Davison, Appellants, v. SINAI HOSPITAL OF BALTIMORE, INC., a Body Corporate, and Lionel Glassman, M.D. and Lionel Glassman & Associates, P.A. and Zoena A. Yannakakis, M.D., Appellees. |
| Court | U.S. Court of Appeals — Fourth Circuit |
Donald F. Oakley, Baltimore, Md. (Marvin Ellin, Jonathan Schochor, Ellin & Baker, Baltimore, Md., on brief), for appellants.
Angus R. Everton, Baltimore, Md. (E. Dale Adkins, III, Anderson, Coe & King, Alva P. Weaver, Baltimore, Md., on brief), for appellees.
Before WINTER, RUSSELL and HALL, Circuit Judges.
The appellants appeal from the order of the district court dismissing, without prejudice, their medical malpractice diversity suit against the defendants. The district court held that the Maryland Health Care Malpractice Claims Act 1 precludes the bringing of this suit without first complying with the Maryland Health Care Malpractice Claims Act, which provides that the claim must first be presented to arbitration, and that compliance with this statute is a condition precedent to the bringing of the action. The appellants contend that the federal courts should not adopt a Maryland procedural rule which thwarts significant federal policies as a choice of law in diversity actions, and that the arbitration requirement of Maryland's Health Care Malpractice Claims Act, as a condition precedent to suit in federal court, unconstitutionally defeats diversity jurisdiction in medical malpractice litigation.
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...Cir.1979) Pennsylvania statute requiring arbitration of malpractice claims as precondition to court action; Davison v. Sinai Hospital of Baltimore, 617 F.2d 361 (4th Cir.1980), aff'g, 462 F.Supp. 778 (D.Md.1978) Maryland statute requiring arbitration of malpractice claims as precondition to......
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Pledger v. Lynch
...States suggests that Fourth Circuit precedent requires a ruling in its favor, we are unpersuaded. In Davison v. Sinai Hosp. of Balt., Inc. , 617 F.2d 361, 362 (4th Cir. 1980) (per curiam), we affirmed the application of a Maryland pre-dispute arbitration requirement in federal court. But we......
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Widgeon v. Eastern Shore Hosp. Center
...of the Courts and Judicial Proceedings Article. See Davidson v. Sinai Hospital of Baltimore, 462 F.Supp. 778 (D.Md. 1978), aff'd 617 F.2d 361 (4th Cir. 1980). On this ground, the defendants urge that we decline to answer the certified question. Regardless of the merits of the defendant's ar......
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DeBlois v. Corizon Health, Inc.
...arbitration requirement.” Pledger, 2021 WL 3072861, at *9; see also Rowland v. Patterson, 882 F.2d 97, 99 (4th Cir. 1989) (citing Davison). Formally, the majority concluded that it did not need to reach the question “whether, evaluated under Hanna and Shady Grove, the [HCMCA] would apply in......