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Keywords

contractlawsuitbreach of contractdefendantnegligenceappeal

contractbreach of contractdefendantnegligenceappealverdict

Related Cases

Dingle v. Belin, 358 Md. 354, 749 A.2d 157

Facts

On June 29, 1993, Deborah Belin employed Dr. Lenox Dingle to perform a laparoscopic cholecystectomy. During the surgery on July 2, Dr. Dingle was assisted by a resident, Dr. Magnuson, who mistakenly dissected the common bile duct instead of the cystic duct, leading to significant complications for Belin. Belin filed a lawsuit against Dr. Dingle, Dr. Magnuson, and Mercy Hospital, alleging negligence and breach of contract, claiming that Dingle had assured her he would perform the surgery himself and not allow a resident to do the cutting.

On June 29, 1993, Ms. Belin, employed petitioner, Lenox Dingle, a general surgeon with operating privileges at Mercy Hospital in Baltimore, to perform a laparoscopic cholecystectomy—the removal of her gall bladder through a small incision in her abdomen.

Issue

Whether a surgeon can be held liable for breach of contract if he allows a resident to perform surgical tasks that he had agreed to perform himself, and whether the breach of contract claim is distinct from a negligence claim.

The issue before us was characterized by the Court of Special Appeals in this case as one of “ghost surgery.”

Rule

A breach of contract claim can exist independently of a negligence claim if a physician agrees to perform specific tasks during surgery and fails to do so, resulting in harm to the patient.

Analysis

The court analyzed whether the agreement between Belin and Dingle constituted a valid contract that was breached when Dingle allowed Dr. Magnuson to perform the cutting. The court noted that the essential elements of the breach of contract claim were sufficiently pled and that the jury should have been allowed to consider this claim separately from the negligence claims. However, the court also concluded that the jury's determination on the negligence claims effectively addressed the core issues of the breach of contract claim.

Although we do not consider what allegedly occurred here to be “ghost surgery,” on the facts of this case we agree that a claim for breach of contract was sufficiently pled and proved to warrant submission of that claim to the jury.

Conclusion

The Court of Appeals reversed the judgment of the Court of Special Appeals regarding the breach of contract claim, but concluded that the failure to submit this claim to the jury was harmless since the jury found no negligence on the part of the defendants.

We shall reverse the judgment of the Court of Special Appeals dealing with that claim, however, because we conclude that the essential underpinning of the claim was, in fact, submitted to the jury, which determined the issue in the doctor's favor.

Who won?

Dr. Dingle and the medical center prevailed in the case because the jury found no negligence on their part, which effectively negated the need to address the breach of contract claim.

The jury was instructed that, if the answer to those questions was “no,” it was to stop and return a verdict for the defendants.

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