Recently, a state appellate court issued a written opinion in a case that originally arose after the plaintiff was injured in a Maryland car accident. The case required the court to determine if the plaintiff’s subsequent medical malpractice lawsuit against her treating physicians was precluded by the one satisfaction rule.
According to the court’s opinion, the plaintiff was injured in a car accident that was caused by another driver. The plaintiff was treated for her injuries at the defendant hospital. While she was being treated at the hospital, medical providers punctured the plaintiff’s brachial artery as they attempted to insert a Peripherally Inserted Central Catheter (PICC) line. The plaintiff developed an infection that required additional surgery.
The plaintiff initially filed a claim against the at-fault motorist seeking compensation for “emotional pain and suffering, past and future medical expenses, and the inability to engage in her usual employments, activities, and pursuits.” The plaintiff settled with the at-fault driver’s insurance company for $25,000, and then filed an underinsured-motorist claim with her insurance company. That claim was settled before trial for $125,000. The hospital was not a part of either settlement agreement.