MARCANTONIO v. MOEN

No. 1428, Sept. Term, 2006.

937 A.2d 861 (2007)

177 Md. App. 664

Charles MARCANTONIO Personal Representative of The Estate of Sherri Schaefer, et al. v. Melissa MOEN, et al.

Court of Special Appeals of Maryland.

December 24, 2007.


Attorney(s) appearing for the Case

Jack A. Gold, Rockville (Lawrence S. Lapidus, Washington, DC and Anthony G. Newman, Bethesda), on the brief, for appellant.

Thomas C. Marriner, Annapolis and Marianne D. Plant, Baltimore (Craig B. Merkle, Baltimore, A. Gwynn Bowie, Jr., Annapolis, Catherine W. Steiner, Towson), on the brief, for appellee.

Panel: SALMON, JAMES R. EYLER and MEREDITH, JJ.


SALMON, J.

This case arises out of a survivorship/wrongful-death lawsuit in which summary judgment was granted in favor of the defendants who are healthcare providers. According to the plaintiff's evidence, the decedent's chance of survival from cancer was eighty percent on the date of the alleged malpractice (failure to order appropriate test and failure to correctly interpret a sonogram) and fifty to sixty percent when appropriate treatment began. The major issue...

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