DOCTORS MAY BE HELD LIABLE FOR BREACH OF CONTRACT

The Maryland Court of Appeals recently upheld a patient's breach of contract claim against her doctor, separate and apart from her claim for medical malpractice. In Dingle v. Belin, decided by the Court of Appeals in 2000, Ms. Belin alleged that Dr. Dingle had entered into an agreement with her that he, and no one else, would perform her surgical procedure. A resident and Dr. Dingle performed the surgery and complications arose from the surgery, causing Ms. Belin extreme pain and requiring corrective surgery. Ms. Belin filed suit against Dr. Dingle for negligence and for breach of contract based on the fact that he allegedly told her that no one else would be involved in performing her surgery.

At the trial court level, the court stated that the breach of contract claim was subsumed in the negligence claims and only submitted the negligence claims to the jury. The jury found for Dr. Dingle in all respects. On appeal, the Court of Special Appeals held that the breach of contract claim against the doctor was a separate action that should have been submitted to the jury. The Maryland Court of Appeals held that the breach of contract claim was a separate cause of action from the negligence claim, but that the jury had considered all the relevant issues and found for Dr. Dingle so there was no need for a new trial on the breach of contract claim.

The reasoning behind the Court of Appeal's decision is that the doctor patient relationship is essentially a contractual one. Therefore, the doctor and patient are free to enter into any specific agreements they so choose. The Court recommended that doctors note any such agreements, or the absence thereof, on a written consent form. Although Ms. Belin did not recover on her breach of contract claim, her case did establish that doctors who enter into specific agreements with their patients are entering into contracts that are enforceable through breach of contract claims, separate and apart from potential malpractice claims.