Maryland Car Accidents with Multiple Defendants
A 65-year-old male went to the dermatologist to have a suspicious skin mole examined, since it had been changing colors over the last few months. While the doctor was examining the mole, he received a page notifying him that his wife was going into labor. The doctor’s partner stepped in to confirm the initial doctor’s diagnosis that the mole was not cancerous. Two months later, the mole quadrupled in diameter. The man went to another dermatologist’s office, where he was informed that he had stage four skin cancer. Because the initial treating doctors are partners in the practice, both are likely to be at fault for failing to diagnose the man’s mole as skin cancer and, therefore, contributing to the man suffering a greater injury, the metastasizing of the mole.
Determining the degree of fault among defendants
The law dealing with joint and several liability is provided in the Maryland Uniform Contribution Among Joint Tortfeasors Act, § 3-1401. Maryland adheres to the joint and several liability construct in which a plaintiff may recover damages collectively from defendants or from each defendant individually. Under the rule, both defendants are individually responsible for the entire judgment. Therefore, if one of the defendants is unable to contribute, the other defendant is responsible for paying the nonpaying individual’s share. In Maryland, joint tortfeasors who cause injury are required to provide a contribution. Dealing with physicians groups and insurance companies is often stressful, and it is advisable to seek the assistance of an experienced Maryland personal injury lawyer.
Clients of the Mudd, Mudd & Fitzgerald, P.A. law firm obtain high-quality, responsive representation throughout the course of litigation. The firm’s attorneys represent clients who have suffered an injury as a result of negligence throughout Southern Maryland.