Articles Posted in Informed Consent

Patients rely on their medical providers to communicate clearly about risks, alternatives, and potential complications so they can make informed choices about their care. When a provider fails to convey essential information before a procedure or delivery, the legal consequences may unfold years later in contentious litigation. A recent decision from a Maryland court demonstrates how the evidentiary burdens in informed consent claims can determine the outcome before a jury ever hears the case. If your child suffered harm at birth, it is smart to talk to a Baltimore medical malpractice attorney to understand how Maryland law applies to your circumstances.

Case Setting

Allegedly, the plaintiff received obstetric care from the defendant physician during two pregnancies several years apart. During the first delivery in 2002, the baby was born without a diagnosis of shoulder dystocia, although a delivery record contained conflicting check marks referencing the condition. Both the plaintiff and the defendant recalled the first delivery as difficult but uncomplicated by shoulder dystocia, and no delivery note was written to document the event.

Reportedly, the plaintiff returned to the defendant for prenatal care in 2006 while pregnant with her second child. Because neither the plaintiff nor the defendant knew of any shoulder dystocia in the earlier birth, the defendant did not consider this factor when counseling the plaintiff about delivery options, and no discussion of a cesarean section took place. The plaintiff later went into spontaneous labor, and during delivery, a serious shoulder dystocia occurred, resulting in a permanent brachial plexus injury to the infant. Continue Reading ›

Patients place significant trust in medical professionals to explain the benefits and risks of treatment so they can make informed decisions about their care. When that communication breaks down, even routine procedures can give rise to confusion and uncertainty. People injured due to a doctor’s failure to obtain informed consent have the right to pursue legal claims, but if they fail to follow procedural guidelines, their claim may be dismissed. A recent Maryland decision illustrates how the sufficiency of a plaintiff’s pleadings can shape the outcome long before a case reaches trial, especially when informed consent is at issue.  If you sustained losses due to medical errors, you should speak to a Baltimore medical malpractice attorney to understand your rights.

Facts and Procedural History

Allegedly, the plaintiff sought dermatological care from the defendant physician at a local skin surgery practice for a small bump on the plaintiff’s nose. During that appointment, the defendant elected to inject Kenalog into the area, a decision intended to reduce the bump’s size.

It is alleged that within days of the procedure, the plaintiff observed that the bump grew larger rather than smaller. The plaintiff later challenged the adequacy of the information provided before the injection and questioned whether the risks associated with Kenalog had been properly explained. Continue Reading ›

In Maryland, informed consent and medical malpractice are distinct claims that carry different burdens of proof. As such, whether a healthcare provider obtained a patient’s informed consent is generally irrelevant to a medical malpractice claim. There are few exceptions, though, as discussed in a recent Maryland medical negligence case in which a decedent’s family sought compensation following her death. If you or a loved one suffered harm because of incompetent medical care, you may be owed damages, and it is smart to talk to a trusted Baltimore medical malpractice attorney as soon as possible.

Factual Background and Procedural Setting

It is reported that the decedent, a patient suffering from multiple sclerosis and associated complications, was admitted to the defendant healthcare center for treatment of infected ulcers. Her condition reportedly deteriorated over two weeks of hospitalization, during which her treatment plan shifted to hospice care. Allegedly, the family was neither informed of this change nor consented to hospice care, resulting in increased dosages of narcotic painkillers and the discontinuation of antibiotics. The patient’s condition worsened, and she passed away.

Reportedly, the patient’s family filed a wrongful death and survival action, asserting that the hospital breached the standard of care by failing to secure informed consent and improperly administering pain medication. The hospital denied liability, contending that the patient’s treatment conformed to accepted medical standards and that her death was attributable to her underlying medical conditions. The jury found in favor of the plaintiffs, and the defendant appealed. Continue Reading ›

Under Maryland law, people who are not adequately advised of the risks associated with a procedure may be able to seek compensation via informed consent claims. In a recent opinion issued in a lack of informed consent case, the court discussed what evidence a plaintiff must produce to show that they suffered harm other than what was disclosed as a potential risk or that they could not provide valid consent. If your doctor failed to inform you of the risks of a procedure and you suffered harm as a result, you should meet with a Maryland medical malpractice lawyer to determine your options for seeking damages.

Procedural and Factual History

It is reported that the plaintiff was diagnosed with a relapse of Grave’s disease and underwent thyroidectomy surgery at the defendant’s medical center in October 2016 after alternative treatments failed. Following the surgery, the plaintiff claimed to have suffered injuries allegedly caused by the procedure. he filed a pro se lawsuit, alleging that he was not properly informed about the risks associated with the surgery, specifically, the risks to his laryngeal nerve, vocal cord, and parathyroid glands.

Allegedly, the plaintiff also alleged medical malpractice during the surgery and post-operative care. The parties filed cross-motions for summary judgment on the medical malpractice claim, and the court granted summary judgment in favor of the defendant. A bench trial was conducted to address the remaining informed consent claim. Continue Reading ›

While many people undergo surgery without any complications, there are risks associated with most procedures, and problems that arise during what seems like a routine procedure can result in lifelong impairment. To ensure that their patients adequately understand the potential issues that they could face, doctors have an obligation to advise patients of the potential consequences of surgery prior to getting their permission to proceed. If they fail to do so, they may be liable for the failure to obtain informed consent, as demonstrated in a recent opinion issued in a Maryland medical malpractice case. If you suffered harm due to the negligence of a doctor, it is smart to talk to a Maryland medical malpractice lawyer about your potential claims.

Factual and Procedural Background of the Case

It is reported that the plaintiffs’ infant son underwent a routine tonsil removal and bilateral implantation of tubes in his ears. During the surgery, the infant went into cardiac arrest and suffered a lack of oxygen to the brain, causing him to suffer permanent brain damage. The plaintiffs subsequently instituted a medical malpractice lawsuit against the defendants, the doctors who performed the surgery, pursuant to the Federal Tort Claims Act.

Allegedly, they asserted, in part, a lack of informed consent claim in which they alleged that the defendants failed to disclose the material consequences and risks associated with the surgery in consideration of the fact that the infant had sickle cell anemia and reactive airway disease. The court subsequently set forth findings of fact and conclusions of law. Continue Reading ›

Many medical facilities throughout Maryland are operated or funded by the federal government. As such, if a patient suffers harm due to incompetent care received in a federal facility, they may be able to assert claims for damages caused by the negligent health care provider pursuant to the Federal Tort Claims Act. While claims against federal facilities and their employees generally must be brought in federal court, medical malpractice claims arising out of state law must be pursued in state court, as discussed in a recent Maryland ruling. If you were injured by the incompetence of a doctor, it is advisable to speak to a knowledgeable Maryland medical malpractice lawyer to evaluate your options.

The Plaintiff’s Harm

It is alleged that the plaintiff was treated at the defendant facility with the defendant doctor for mental health issues. The defendant doctor prescribed the plaintiff medication, which he alleged caused him to suffer migraines, issues concentrating, and bloody urine. Additionally, he asserted that the defendant doctor prescribed him other medication that caused weight gain and blurred vision.