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Medlantic Long Term Care Corp. v. Smith

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Argued February 16, 2000

Helen Smith, the personal representative of the estate of Elizabeth Ferguson, brought a medical malpractice survival action seeking compensatory and punitive damages alleging that the nursing and medical care provided to Ms. Ferguson while she was a patient at Medlantic Manor in Silver Spring, Maryland, was below the standard of care and proximately caused her death in the District of Columbia. Appellants filed a motion to dismiss on the grounds of forum non conveniens, *fn1 which was denied “for the reasons stated in plaintiff’s opposition.” Appellants claim that the denial of their motion was an abuse of discretion because the trial court did not consider the interest of the state of Maryland in deciding an action that involves the standard of conduct to be expected of Maryland health care practitioners in treating a patient residing in a Maryland nursing home. Appellants further argue that the complaint should be dismissed because they should not have to defend a lawsuit in the District of Columbia, when the personal representative also filed a wrongful death action in Maryland against them, which involves the same case facts and alleged negligence. We affirm.

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