After a two-week trial, the jury determined that the Hospital had breached its standard of care and that this breach caused the Child’s injury. The jury rendered a verdict of $34,770,292.89 against the Hospital. The Hospital appealed…medicalmalpracticelawyers, $35M Maryland Medical Malpractice Verdict Overturned
The Appellate Court of Maryland held in its October 2, 2025 unpublished Opinion that the circuit court erred by precluding evidence regarding the Mother’s prenatal conduct based on Courts & Judicial Proceedings § 10-910.
Courts & Judicial Proceedings § 10-910 provides, “In an action on behalf of an infant to recover for death, personal injury, or property damage the negligence of the parent or custodian of the infant may not be imputed to the infant.”
The Hospital argued on appeal that the circuit court erred in granting the Child’s motion in limine to exclude evidence of the Mother’s prenatal conduct while pregnant under CJP §10-910. The Hospital’s theory was that it was not negligent at all. It was prepared to call various experts to testify that the Mother’s prenatal conduct, including leaving Johns Hopkins Hospital against medical advice and smoking cigarettes and marijuana while pregnant, plausibly contributed to the Child’s injuries. The Hospital argued that the court denied it a fair trial because it could not present its complete causation defense or the “full story” of the Child’s injury.