Case Name/Case #
Appellant C ounsel/ Area of Law
Thomas Michael Michael P. May, Esq. Duffy v. Loyola College of
Maryland, Inc. 479-02587
Police Misconduct (410) 444-7606
Judge/ Jurisdiction Judith C. Ensor Baltimore County Issues
In this case, two college students were walking off-campus carry- ing cups of liquid. They were stopped by a Loyola College campus police officer, allegedly operating outside of his jurisdiction. The plaintiffs were arrested, allegedly without cause, and placed in a holding cell where they alleged that they were repeatedly assaulted and battered without provocation by other inmates. Apparently the campus police officer believed the students to have open containers of alcohol. The students asserted, and it appears to have been undisputed for purpose of summary judgment below, that they had no alcohol.
Paul M. McNeill, M.D. v. Maryland
Board of Physicians Administrative Appeal 480-02962
Frederick W. Goundry, III, Esq. Julie Stevenson Solt (301) 631-1800
Frederick County
This case involves administrative charges against a medical doc- tor alleging that during the course of surgery, the doctor used a surgical device to close the patient’s wound, and the device was left in the patient’s abdomen. In deciding the case against the doctor, the board allegedly relied on the “captain of the ship” doctrine. Under this doctrine, the doctor is effectively held strictly liable for alleged surgical errors. On appeal, the doctor notes that Maryland does not follow the “captain of the ship” doctrine and that surgeons in Maryland are not held strictly re- sponsible for anything that happens in the operating room. The doctor relies on testimony of an expert witness offered against the doctor at the administrative trial in which the expert witness testified that the doctor performed the procedure quite well and saved his patient’s life and that “it is a shame that other people which are there to prevent such a problem from occurring did not meet their duties.”
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Winter 2008
Trial Reporter
57
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