The Appellate Court of Maryland addresses choice of law question, holding law from the place where the injury initially developed applies. 

In Blackston v. Drs. Weight Loss Centers Inc., No. 553, Sept. Term,2022, 2023 WL 4247374 (Md. Ct. Spec. App. June 29, 2023), cert. granted sub nom. Doctor’s Weight Loss Centers, Inc. v. Blackston, 486 Md. 96, 302 A.3d 542 (2023), Plaintiff developed a MRSA infection following laser-assisted liposuction. She sued for malpractice and lack of informed consent in Prince George’s County against a Virginia company. At issue was whether the injury was complete on introduction of bacteria, in Virginia, where the surgery occurred, or on development of infection, in Maryland. The trial court applied Maryland law but this was overturned. The appellate court held that a cause of action for medical negligence arises where the injury first came into existence, not where the ultimate damage was suffered.  The appellate court found Ms. Blackston was “injured” during the Virginia procedure when MRSA bacteria were introduced. Accordingly, Virginia law applied to non-economic damages and recovery of medical expenses. The Drs. Weight Loss Centers Inc. appealed, and the Supreme Court of Maryland granted cert., but has not yet ruled.