Afamefune v. Suburban Hosp., Inc., No. 120, Sept. Term, 2002 (Md. Mar. 17, 2005)

A patient, alleging that she was assaulted and raped by another patient, sued the hospital for negligence in failing to provide for her security while hospitalized. The trial court ruled that claims for medical injury must first be filed with the Health Claims Arbitration Office pursuant to the Maryland Health Care Malpractice Claims Act (the Act). The Court of Appeals of Maryland found that the Act was intended only to cover injuries resulting from the rendering of health care where there has been a breach by the defendant in his professional capacity. The Act does not apply to claims for damages arising from a professional's failure to exercise due care in nonprofessional situations, such as premises liability. The court held that the misconduct alleged in this case did not involve the rendering of medical services, so the case should proceed directly to trial and not be subject to the requirements of the Act.