Legal Opinion · Dissent

Schmidt v. Prince George's Hospital

Court of Appeals of Maryland

Decided November 15, 2001No. 119, Sept. Term, 2000Published

1Dissent

RAKER, Judge,

dissenting, joined by BELL, C.J., and ELDRIDGE, J.:

Today the majority restates a fairly common rule regarding a minor’s liability for the cost of medical necessities: where a parent is unable or unwilling to pay for a minor child’s necessary emergency medical treatment at the time of incursion of the treatment, the child, upon reaching the age of majority, may be held liable under the doctrine of necessities for the cost of the medical care. Maj. op. at 542-544. Other courts have employed similar rules, finding minors liable for necessary medical treatment where the parents are…

2Cases cited18 opinions

  1. Alexander v. WorthingtonCourt of Appeals of Maryland · 1853
  2. Palmer v. StateCourt of Appeals of Maryland · 1960
  3. Garay v. OverholtzerCourt of Appeals of Maryland · 1993
  4. Cole v. WagnerSupreme Court of North Carolina · 1929
  5. Johns Hopkins Hospital v. PepperCourt of Appeals of Maryland · 1997

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