Barton v. Advanced Radiology

Willie James Barton, Jr. et al. v. Advanced Radiology P.A., et al., No. 1336, September Term 2019. Opinion by Wells, J. CIVIL LAW – MEDICAL MALPRACTICE – “LOSS OF CHANCE” Appellants argue that the trial court inappropriately applied the theory of “loss of chance” when it granted appellees’ motion for judgment notwithstanding the verdict (JNOV) under Rule 2-532. CIVIL LAW – MEDICAL MALPRACTICE – “LOSS OF CHANCE” The Court of Special Appeals held that “loss of chance” remains unavailable as a tort cause of action in Maryland. CIVIL LAW – MEDICAL MALPRACTICE – “LOSS OF CHANCE” Although the trial…