Medical malpractice litigation often involves multiple defendants whose interests may appear aligned during trial but diverge behind the scenes. When undisclosed agreements alter those relationships, they can undermine the fairness of the proceedings and the integrity of the jury’s evaluation. A recent Maryland decision highlights the risks posed by secret settlement arrangements between plaintiffs and co-defendants, particularly in complex medical negligence cases involving hospitals and physicians. If you were harmed by medical negligence, you should speak with a Baltimore medical malpractice attorney to understand what measures to take to protect your interests.
Facts and Procedural History
Allegedly, the plaintiff filed a medical negligence action against the defendant hospital and a co-defendant physician following a birth injury that occurred during obstetrical care. The plaintiff asserted that the hospital was directly negligent through its nursing staff and vicariously liable for the physician’s conduct. The case proceeded to a jury trial lasting nearly two weeks.
It is reported that shortly after the jury was selected but before opening statements, the plaintiff disclosed the existence of an agreement with the co-defendant physician but refused to reveal its terms. The defendant hospital argued that the agreement constituted a Mary Carter agreement, requiring disclosure to both the court and the jury. The trial court declined to compel immediate disclosure and allowed the trial to proceed. Continue Reading ›
Published by Arfaa Law Group












