Hahn v. Suburban Hosp. Ass'n, Inc.
| Decision Date | 17 May 1983 |
| Docket Number | No. 948,948 |
| Citation | 461 A.2d 7,54 Md.App. 685 |
| Parties | William HAHN et al. v. SUBURBAN HOSPITAL ASSOCIATION, INC. |
| Court | Court of Special Appeals of Maryland |
George W. Shadoan, with whom was Richard S. Paulson, Rockville, on brief, for appellants.
David L. Terzian, Bethesda, with whom were David E. Manoogian and Beckett, Cromwell & Myers, P.A., Bethesda, on brief, for appellee.
Argued before MASON, BISHOP and ALPERT, JJ.
In this case of alleged medical malpractice, we are called upon for the first time to determine the sufficiency of evidence necessary to rebut the statutory presumption of correctness of an arbitration award issued by a Health Claims Arbitration Panel. Such an award was issued in the instant case in favor of the widower, 1 children and estate of Gloria Hahn (appellants) against Suburban Hospital Association, Inc. (appellee) for a medical malpractice claim. In the Circuit Court for Montgomery County the trial judge overruled appellants' motion for a directed verdict and determined there was sufficient evidence to generate a question of fact for the jury to resolve as to the negligence of the appellee. The jury, in returning a verdict in favor of appellee, obviously was convinced that the statutory presumption had been rebutted, and that Suburban Hospital was not negligent. We conclude that on the evidence presented, reasonable minds might have differed as to whether Suburban Hospital complied with the appropriate standard of care and shall therefore affirm.
At 1:31 p.m. on March 21, 1977 Gloria Hahn was pronounced dead in the emergency room of Suburban Hospital in Bethesda, Maryland. Approximately 15 hours earlier, on March 20th, she had been taken by her brother to the emergency room of that hospital complaining of chest pain under her left breast which had been bothering her for about a week. She was examined by Dr. John Scott who was under contract with Suburban to provide medical services to emergency room patients. As part of the examination, he interviewed the patient and although not a cardiologist, caused an electrocardiogram (EKG) to be taken. He subsequently read the EKG tracing himself. Based upon his examination of Mrs. Hahn and his interpretation of the EKG, Dr. Scott told Mrs. Hahn "I don't think there is anything here that is life-threatening and if you will promise me to see Dr. Cohn [her family physician] as soon as possible, I'll let you go home." He testified "I gave her a sedative, 10 milligrams of valium, and she went home."
The EKG tracing was first seen by a cardiologist, Dr. Frederick Caldwell, at about 3:00 P.M., 90 minutes after Mrs. Hahn was pronounced dead. Dr. Caldwell, who was one of several physicians under contract with Suburban to read EKG tracings, read the tracing to suggest "active ischemic process," which indicated the possibility of a myocardial infarction occurring at the time the EKG was being administered. Having observed from the hospital record that Mrs. Hahn had been sent home, he proceeded to notify the emergency room physician of the possibility that she needed further care, in order that she could be recalled to the hospital. Unfortunately, she was already dead.
On or about May 15, 1980, as a result of claims filed because of Mrs. Hahn's death, a Health Claims Arbitration Panel issued the following "award":
HEALTH CLAIMS ARBITRATION AWARD
1. Defendant Suburban Hospital is liable to Claimants for compensatory damages.
2. Defendant Suburban Hospital Association (is) (is not) X liable to Claimants for punitive damages.
3. Defendant Scott (is) (is not) X liable to Claimants for compensatory damages.
4. Defendant Scott (is) (is not) X liable to Suburban Hospital on Suburban Hospital's Cross-claim against Doctor Scott.
The Panel awards damages to the Claimants as follows:
Total
Comp. Comp. Damages Punitive Damages
Damages Scott Suburban Suburban
--------- ------- -------- ----------------
William Hahn $3,000.00 0 All 0
--------- ------- -------- ----------------
Norman Eugene Hines 1,000.00 0 " 0
--------- ------- -------- ----------------
Lisa Marie Hines 2,000.00 0 " 0
--------- ------- -------- ----------------
Deena Marie Hahn 5,000.00 0 " 0
--------- ------- -------- ----------------
Dawn Mary Hahn 5,000.00 0 " 0
--------- ------- -------- ----------------
Patricia Hahn 5,000.00 0 " 0
--------- ------- -------- ----------------
Tracy Colleen Hahn 5,000.00 0 " 0
--------- ------- -------- ----------------
Pursuant to Cts. & Jud.Proc.Code Ann. § 3-2A-06, all of the plaintiffs and Suburban rejected the findings of the Arbitration Panel.
On August 13, 1980, the Plaintiffs (William Hahn, individually and as personal representative of the estate of Gloria Hahn, deceased, and Dennis M. Ettlin, guardian ad litem for Deena Marie Hahn, Dawn Mary Hahn, Patricia Hahn, Tracy Coleen Hahn, Norman Eugene Hines and Lisa Marie Hines) filed suit against Suburban Hospital Association, Inc. and John E. Scott, M.D. seeking "to nullify the award of the arbitrators in HCA No. 78-84, filed on May 15, 1980..." and alleging, inter alia:
[T]hat the Defendant Scott was negligent, deviated from the standard of care and was guilty of medical negligence in his care and treatment of Gloria Hahn on March 20, 1977, specifically including but not limited to the following: Failure to correctly diagnose Gloria Hahn's medical illness on March 20, 1977; failure to properly and correctly read and interpret Gloria Hahn's electrocardiogram tracing on March 20, 1977; failure to consult with a physician competent to correctly read and interpret Gloria Hahn's electrocardiogram tracing on March 20, 1977; failure to contact Gloria Hahn's family physician on March 20, 1977, as required by the rules and regulations of the hospital; failure to properly treat the medical illness of Gloria Hahn; failure to adequately monitor Gloria Hahn in the emergency room or to recommend admission to the hospital for purposes of monitoring and treatment; that the Defendant Suburban Hospital Association, Inc., represented to Gloria Hahn that the Defendant Scott and the staff of the emergency room at Suburban Hospital were its agents and employees, and the Defendant Suburban Hospital is liable to Plaintiffs for all acts of negligence of the Defendant Scott under the doctrine of respondeat superior; that the Defendant Suburban Hospital Association, Inc. was independently negligent, deviated from the standard of care and was guilty of medical negligence in its care and treatment of Gloria Hahn, specifically including but not limited to the following: Failure to provide an emergency room physician qualified and competent to correctly read and interpret electrocardiogram tracings of emergency room cardiac patients; failure to provide adequate equipment and facilities to correctly read and interpret electrocardiogram tracings of emergency room cardiac patients; failure to provide for timely review by qualified physicians of electrocardiograms taken in the emergency room; failure to monitor compliance with hospital and emergency room rules and regulations by emergency room staff and physicians.
The Plaintiffs also alleged:
[T]hat on March 21, 1977, Plaintiffs' decedent Gloria Hahn suffered a myocardial infarction at her home; that the Montgomery County Rescue Squad mobile intensive care unit was summoned and responded; that upon their arrival the paramedics instituted appropriate medical care including defibrillation of Gloria Hahn's heart and began to transport her to the emergency room at Suburban Hospital; that en route to Suburban Hospital it was necessary for the paramedics to contact the emergency room physicians at Suburban Hospital in order to receive authority to again defibrillate Gloria Hahn's heart in order to preserve her life; that the paramedics were unable to contact the emergency room at the hospital because personnel of the emergency room had intentionally and deliberately turned off the radio communications between the mobile intensive care unit and the emergency room; that because the paramedics were unable to contact the emergency room physician they were not authorized to again defibrillate Gloria Hahn's heart and she was pronounced dead at the hospital; that the Defendant Suburban Hospital Association, Inc. is guilty of gross, wanton and reckless disregard of its duty to Gloria Hahn and its obligations to her under the standard of care by reason of the intentional act of its servant and employee in the emergency room in turning off the communications radio; that prior to March 21, 1977, the Defendant Suburban Hospital Association, Inc. knew that hospital personnel in the emergency room had on other prior occasions turned off the communications radio and that paramedic units en route to the hospital with emergency patients had been unable to contact the hospital; that despite this prior knowledge the Defendant Suburban Hospital Association, Inc. negligently failed to take any action to insure that the communications between the hospital and the paramedics would be maintained; that the failure of the Defendant Suburban Hospital Association, Inc. to correct the situation and to insure that the communications radio remained on was conscious and deliberate and undertaken with full knowledge and understanding of the danger posed to the lives of patients being transported to the hospital.
On March 15, 1982 the case came on...
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