Preview:

Michelle M. Schmidt v. Prince George's Hospital, No. 119, September Term, 2000. PARENT/CHILD--DOCTRINE OF NECESSARIES--MEDICAL TREATMENT-- LIABILITY--Where a parent is unable or unwilling to pay for a minor child's necessary emergency medical treatment at the time of incursion of the treatment, the child, upon reaching the age of majority, may be held liable under the doctrine of necessaries for those medical services rendered during his or her minority.

Circuit Court for St. Mary's County Case #C00-505

IN THE COURT OF APPEALS OF MARYLAND No. 119 September Term, 2000 MICHELLE M. SCHMIDT v. PRINCE GEORGE'S HOSPITAL

Bell, C.J. Eldridge Raker Wilner Cathell Harrell Battaglia

JJ.

Opinion by Harrell, J. Bell, C.J., Eldridge and Raker, JJ. dissent.

Filed: November 15, 2001

On 1 May 2000, judgment was entered by the District Court of Maryland, sitting in St. Mary's County, in favor of Prince George's Hospital (Respondent) in a suit brought by it

against Michelle M. Schmidt (Petitioner) to recover $1756.24 for medical services provided by it to her in 1997 when she was 16 years of age. Petitioner was an adult when the suit was filed in 1999. Petitioner appealed to the Circuit Court for St. Mary's County. She contended that she could not have been sued while a minor, as there was, in her view, no Maryland statute or common law holding that a minor child is liable for medical necessaries, and therefore she could not be sued as an adult for the medical services rendered when she was a minor. Respondent countered that a minor may be held liable for necessary emergency medical treatment under the doctrine of necessaries and that such liability was not extinguished merely upon reaching adulthood. On 6 November 2000, the Circuit Court entered a judgment in the appeal1 in favor of Respondent in the amount of $1756.24, plus interest and costs. Respondent recovered the amount of the judgment from Petitioner through wage attachments. We granted Petitioner's writ of certiorari on 9 January 2001.2 The questions presented in the successful petition, modified only stylistically, are: 1. Whether, under Maryland law, a minor under a legal disability is personally liable for medical necessaries rendered upon her person; and therefore, suable as an adult under an implied contractual promise to pay the medical provider? May a 16 year old make a binding promise to pay at age 18?

2. We shall affirm.

I.

As the amount in controversy was less than $2500, Maryland Code (1998 Repl. Vol.), Courts and Judicial Proceedings Art.,

Download Schmidt v. Prince George's Hospital.pdf

Maryland Law