Court: In the Court of Special Appeals
Justice: Woodward, Zarnoch, Kenny, James A., III
Appellee/Cross-Appellant: Greater Baltimore Medical Center, Inc.
Appellants/Cross-Appellees: David A Barnes & Laura A. Barnes
Court the Case was appealed from: The Circuit Court for Baltimore County
Facts:
Mr. David Barnes went to see Dr. Allen Halle his Primary Care Physician Care Physician, on January 25 because he having weakness in his right hand grip, numbness, and tingling in his right arm. Dr. Halle advised Mr. Barnes to go the Emergency Room immediately because he was afraid that Mr. Barnes may have been having a transient ischemic attack (mini-stroke). Dr. Halle than called Mrs. …show more content…
Candance Starstrom, the quick nurse who determines the route of the patients, Mr. Barnes was routed to the triage nurse. The triage nurse completed a though assessment on Mr. Barnes, at that time the Barneses made Nurse Starstrom aware of that Dr. Halle’s had sent him to the emergency room. Nurse Starstrom also read the note from Dr. Halle’s. After doing Mr. Barnes assessment, Nurse Starstrom completed the hospital assessment form, marking a space indicating the priority of Mr. Barnes condition as one being the most serious. Also on the assessment form Nurse Starstrom wrote that Mr. Barnes “had a weak right grip, tingling in the right hand, a numb right side, and that he had been seen by his primary care doctor and was directed to go to GBMC emergency room’, (Brown v. GBMC) she also attached the note from Dr. Halle to the assessment …show more content…
Barnes wanted to leave. Dr. Abras had made several calls to Dr. Singh to come evaluate and admit Mr. Barnes. Per Dr. Abras he told Mr. Barnes that he was having a mini stroke and that he should follow up with Dr. Halle in the morning to complete the evaluation. Per Mr. Barnes Dr. Abras never gave him a diagnosis and he was discharged by Dr. Abras at 1:00 am on January 27. The next morning, Mr. Barnes called Dr. Halle to make him aware of the previous day’s events. Dr. Halle planned for Mr. Barnes to see a neurologist on January 31, and have a MRI and Echocardiogram within one week. But when Mrs. Barnes arrived from work she found Mr. Barnes sitting in a recliner and when she looked at him she noticed something was wrong. Mr. Barnes did not look okay, his mouth was crooked, at that point Mrs. Barnes’ cousin drove the Barneses to GBMC. Mr. Barnes had suffered a stroke.
Statement of Issues
Breached the Standard of Care in not admitting Mr. Barnes on January 26.
Rule of Law
To prove causation, the Barneses had to establish that but for the negligence of the defendant, the injury would not have occurred. Jacobs v. Flynn, 131 Md. App. 342, 354
(2000). Because of the complex nature of medical malpractice cases, expert testimony is normally required to establish breach of the standard of care and causation. Id.(Barnes v. GBMC) Dr. Marion Lamonte