Memo

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I. Under Maryland law, can a physician who is defined as a mental health provider, be held liable to a third party for negligence for breaching their duty to warn the third party?
II. Can a claim against a heath care provider for medical malpractice, where the injury falls outside the scope of a medical injury, be subject to mandatory arbitration under The Maryland Health Medical Malpractice Claims Act?
BRIEF ANSWERS
I. Probably not, a physician cannot be held liable to third parties for failure to warn a third party if no special relationship between the physician and the third party has been established through Maryland statute or common law.
I. Probably not, injuries that are not the result of a health care provider’s rendering or failure to render health care are not considered medical injuries, and are not subject to mandatory arbitration under The Maryland Health Medical Malpractice Claims Act.
FACTS
A year after dating Steve Hodges, Shelly M. Turner permitted Hodges to spend the weekends at her house. Turner has two children, Tabitha and Sabrina, and Turner upheld a strict policy of not allowing her children to be at the home unsupervised with any significant others. Turner noticed that Hodges made frequent visits to his doctor, and when Turner questioned Hodges about the appointments, he mentioned the visits were for the purpose of preventive care to ensure he didn’t have any medical reoccurrences. Turner and Hodge’s relationship progressed to the point of discussions on marriage, having children, and moving in together. Hodges told Turner he was suffering from sexual dysfunction problems and was going to see his longtime family physician, Dr. Keith Winslow, to be prescribed Viagra.
Winslow prescribed Hodges Viagra on t...

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... Even though the prior history of the patient gives rises to evidence about the foreseeability of harm, the physician of that patient has no duty to warn a third party due to the lack of relationship between the physician and the third party. Overall, taking on Turner’s case against Dr. Winslow for breach of professional duty will probably be a tough case to prove.
II. Turner’s claim against Dr. Winslow is not considered a medical injury. The injuries that arose to Tabitha were not a result of the rendering or failure to render health care on Dr. Winslow’s behalf. Since the injuries are not considered medical injuries, the claim is not subject to mandatory arbitration according to Maryland’s Health Care Medical Malpractice Claims Act. The best option for Turner’s claim is to proceed straight to civil court and try to retain damages on negligence in the tort sense.

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