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COOPER v. HARTMAN

No. 45, September Term, 1987.

311 Md. 259 (1987)

533 A.2d 1294

NEILL S. COOPER ET AL. v. STANLEY E. HARTMAN ET UX.

Court of Appeals of Maryland.

Motion for Reconsideration Denied January 12, 1988.

Attorney(s) appearing for the Case

George J. Goldsborough, Jr. (Goldsborough & Tolley, on brief), Easton, for appellants.

Daniel M. Clements (Laurence A. Marder, Israelson, Salsbury, Clements & Bekman, on brief), Baltimore, for appellees.

E. Fremont Magee, H. Mark Stichel, Dawanna M. Cobb and Piper & Marbury, on the brief, for amicus curiae Chesapeake Physicians, P.A.

Argued before MURPHY, C.J., COLE, RODOWSKY, McAULIFFE, ADKINS and BLACKWELL, JJ. and CHARLES E. ORTH, Jr., Associate Judge of the Court of Appeals (Retired), Specially Assigned.

ADKINS, Judge.

In Weimer v. Hetrick, 309 Md. 536, 525 A.2d 643 (1987), we held that the "loss of a substantial chance of survival" doctrine did not apply to a wrongful death action under Md.Code (1984 Repl.Vol., 1987 Cum.Supp.) Cts. & Jud.Proc. Art. § 3-904. We explained that neither Thomas v. Corso, 265 Md. 84, 288 A.2d 379

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