Published by Arfaa Law Group
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.
Informed Consent and Standard of Care
On appeal, the defendant argued that the trial court erred by allowing the plaintiffs to present evidence regarding the family’s lack of consent to hospice care. Under Maryland law, informed consent and medical malpractice are distinct legal claims, and evidence of informed consent is generally irrelevant in malpractice cases unless it directly pertains to the standard of care.
The court found that evidence regarding the lack of consent was highly relevant to evaluating whether the standard of care was breached. Specifically, the plaintiffs’ expert testified that treatment decisions, such as administering high doses of painkillers, must align with the patient’s treatment goals, which are typically informed by family consent. The court held that the evidence was properly admitted to establish the applicable standard of care.
The key issue revolved around whether the doses of narcotic painkillers administered to the patient were excessive under the circumstances and outside the standard of care. The plaintiffs’ expert highlighted that while high doses might be appropriate for a hospice patient, they would be inappropriate for a patient who was not in hospice care. Thus, the lack of family consent to transition to hospice care directly impacted the assessment of whether the treatment plan met the standard of care.
Confer with a Trusted Baltimore Medical Malpractice Attorney
If you or a loved one were injured by medical negligence, it is advisable to confer with an attorney regarding your options. At Arfaa Law Group, our trusted Baltimore medical malpractice attorneys are adept at demonstrating liability in claims against negligent healthcare providers, and if you hire us, we can help you seek the compensation you deserve. Call us at (410) 889-1850 or complete our online form to arrange a meeting.