Tatum v. Gigliotti

In Tatum v. Gigliotti, 80 Md. App. 559, 565 A.2d 354 (1989), aff'd, 321 Md. 623, 583 A.2d 1062 (1991), an asthma sufferer in the midst of a severe attack called the Prince George's County Fire Department and requested emergency aid. Paramedics, including defendant Gigliotti, arrived and sought to have plaintiff's decedent employ an emergency treatment commonly used for hyperventilation (but not for asthma). When he resisted this effort, they administered oxygen and then escorted him to the ambulance, requiring him to walk. En route to the hospital, plaintiff's decedent further resisted the paramedics' efforts to administer oxygen and refused to lie on the stretcher. When the ambulance rounded a sharp turn at the entrance of the hospital, the decedent fell to its floor. At the emergency room door, paramedics placed the decedent on a gurney and turned him over to hospital personnel. Tatum, 80 Md. App. at 562-63. In the ambulance report, paramedics stated that the decedent "was conscious, stable, pupils normal, and pupils were equal." Id. In fact, emergency room personnel testified that the decedent was "in complete respiratory and cardiac arrest" when admitted. Id. A physician performing the post-mortem examination testified that plaintiff's decedent died from cerebral edema, secondary to anoxia from status asthmaticus with respiratory arrest. Id. When asked whether the administration of oxygen in the ambulance would have saved decedent's life, the physician testified in the affirmative. Id. Despite such highly egregious facts showing misdiagnosis of the patient, treatment bordering upon cruelty, and falsification of official records, the Court nevertheless upheld the trial court's grant of summary judgment in favor of Gigliotti: Even though the lower court, in ruling on the question of sufficiency of the evidence, is required to take the facts in the light most favorable to the plaintiff, we hold that the trial judge acted properly in granting the appellee's motion for judgment. The evidence in this case indicated that although the actions of Gigliotti may have amounted to negligence, they do not satisfy the threshold of gross negligence. Id. at 569. The Court went on to explain how the plaintiff's own expert, although he initially condemned the actions of the paramedics as "reckless," backed away from this description during cross- examination, stating, "I believe it is an improper action that could have aggravated the condition." Id. After being instructed by the court on the correct standard for gross negligence, the expert refused to testify that Gigliotti's actions constituted reckless disregard for the decedent's life. Id. The Court thus held that, as a matter of law, Gigliotti was insulated from liability by the Good Samaritan Act.