Published by Arfaa Law Group
In Rosebrock v. Eastern Shore Emergency Physicians, LLC, the Maryland Court of Special Appeals dealt with the admissibility of habit evidence under Maryland Rule 5-406. Specifically, it considered whether habit evidence of an ER physician could be entered into evidence.
The facts of the case are as follows. A patient was taken to the emergency room on a backboard due to knee, hip, and lower back pain after a fall. The ER physician ordered an x-ray of the patient’s knees and hips. The x-ray came back negative, at which point the physician discharged her, stating she had minor knee and hip contusions. There is no record that the physician examined the patient’s back, despite the fact that she conveyed her back was hurting to the triage nurse.
The patient went home but continued to suffer back pain. She visited other physicians, and later tests showed that she did indeed have a fractured vertebrae and needed spinal fusion surgery. Tragically, the surgery resulted in an infection that caused a brain injury to the patient. She ended up in a persistent vegetative state and remained in that state until her death seven years later.