Patients’ Pre-care Conduct Irrelevant in Medical Malpractice Cases

Doctor argued patient’s failure to seek help sooner helped lead to accident during surgery

In a medical malpractice case, a patient’s action or inaction before treatment is irrelevant to whether the doctor deviated from the standard of care and caused injury, the Court of Special Appeals held, reversing a jury verdict in favor of a surgeon in a case in which Andy Freeman and Abby Graber from Brown, Goldstein & Levy were brought in to represent the plaintiff on appeal.