Background
Plaintiff Jon Lodwick Brunenkant underwent gallbladder surgery at Suburban Hospital in October two thousand fifteen. He later discovered that the surgeon performing the procedure was an independent contractor, not an employee of the hospital. Brunenkant filed a complaint alleging fraudulent misrepresentation and conspiracy to commit fraud, claiming the hospital misrepresented the surgeon’s employment status. The district court dismissed the complaint, ruling that the claims were time-barred under Maryland’s five-year statute of limitations for medical malpractice.
The court’s reasoning
The court determined that Maryland’s Health Care Malpractice Claims Act covers only claims for damages arising from a breach of professional duty. Fraudulent misrepresentation and conspiracy claims are considered injuries arising from other causes in connection with health care and are excluded from the Act. Therefore, the general three-year statute of limitations for civil claims applies. The court declined to decide if the claims were timely under the new standard, leaving that for the district court on remand.
What it means going forward
The dismissal of the fraud and conspiracy claims is overturned. The case returns to the district court to determine if the claims are timely under the three-year statute of limitations.
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