Alfred v. Maryland

This appeal and cross-appeal arise out of a medical malpractice action in which the appellee/cross-appellant, Nancy Condon (appellee), was misdiagnosed as not having breast cancer after a routine mammogram and subsequent biopsy were done. The appellant/cross-appellee, Anne Arundel Medical Center (AAMC or appellant), appeals from an order of the Circuit Court of Anne Arundel County denying its Second Motion for Summary Judgment. In support of its Second Motion for Summary Judgment, AAMC claimed that a settlement signed on the eve of trial releasing Dr. William A. Williams from liability also released AAMC from liability as a matter of law. This argument is premised on the fact that Dr. Williams was an agent of AAMC and that any liability attributed to AAMC was exclusively vicarious in nature.