In the recent decision in Wadsworth v. Sharma, 2022 WL 2763202 (Md. 2022), the Maryland Court of Appeals once again declined to adopted the loss of chance doctrine in wrongful death cases. The decision was based largely on the COA’s long standing tradition of abstaining from judicial policymaking, as the majority opinion noted that it was up to the Maryland legislature whether to adopt this rule. Unfortunately, this decision effectively means that doctors and hospitals in Maryland are immune from malpractice liability when caring for terminally ill patients.
Summary of Facts
Stephanie Wadsworth was diagnosed with Stage III breast cancer in her left breast in 2006. She underwent a mastectomy, chemo, and radiation therapy and subsequent testing over the course of the next few years indicated that her cancer had been effectively treated.