AMERICAN RADIOLOGY v. REISS

No. 50, Sept. Term, 2019.

236 A.3d 518 (2020)

470 Md. 555

AMERICAN RADIOLOGY SERVICES, LLC, et al. v. Martin REISS.

Court of Appeals of Maryland.

August 24, 2020.


Attorney(s) appearing for the Case

Argued by Mark D. Maneche ( Natalie C. Magdeburger and Kimberly A. Longford , Pessin Katz Law, P.A., Towson, MD; Andrew E. Vernick and Mark J. Alderman , Vernick & Associates, LLC, Annapolis, MD), on brief, for Petitioners.

Argued by David M. Kopstein (Kopstein & Associates, LLC, Seabrook, MD; H. Briggs Bedigian , Gilman & Bedigian, LLC, Timonium, MD), on brief, for Respondent.

Amici Curiae American Medical Association, and Medchi, the Maryland State Medical Society in Support of Petitioners: Philip S. Goldberg, Esquire , Shook, Hardy & Bacon, L.L.P., 1800 K Street, NW, Suite 1000, Washington, DC 20006.

Amicus Curiae Maryland Association for Justice, Inc. on Behalf of Respondent: George S. Tolley III, Esquire , Dugan, Babij, Tolley & Kohler, LLC, 1966 Greenspring Drive, Suite 500, Timonium, MD 21093.

McDonald, Watts, Hotten, Getty, Booth, Biran, Irma S. Raker (Senior Judge, Specially Assigned), JJ.


Under Maryland law, we require affirmative proof of medical negligence before such a claim can be submitted to a jury. To establish medical negligence, it is necessary to determine whether a physician breached a duty of care, and whether the breach caused the plaintiff's injury. As this Court recognized 130 years ago, "all persons are...

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