Tuer v. Mcdonald

701 A.2d 1101 (1997)

Facts

Mary Tuer (P) filed a medical malpractice action from the death of her husband Eugene at the hands of St. Joseph's Hospital. The Hospital and several doctors were joined as defendants. This action was concerned with the two cardiac surgeons, McDonald and Brawley, and their professional association. The verdict went to the doctors and was affirmed by the special court of appeals. Certiorari was granted to determine if the trial court erred in excluding evidence that after Eugene's death, Ds changed the protocol regarding the administration of the drug Heparin to patients awaiting coronary bypass surgery. Prior to Eugene's surgery, he was given Atenolol, a beta blocker that reduced pressure on the heart, and Heparin, an anti-coagulant to help stabilize the angina. Eugene was taken off the Heparin three hours before surgery in order to allow the drug to metabolize so that there would be no anticoagulant in the blood during the operation. An emergency occurred and the Doctors had to deal with another patient, and Eugene's operation was postponed by a few hours. Eugene's condition then deteriorated and he suffered a heart attack despite resuscitation and seven hours in surgery. He died the next morning. After his death, the Hospital changed the protocol with respect to discontinuing Heparin before an operation for patients with unstable angina. The trial court ruled under Maryland law that the evidence of subsequent remedial measures was inadmissible to prove negligence or culpable conduct.