Published by Arfaa Law Group
Maryland courts require expert testimony in medical malpractice cases to help juries understand complex medical information. However, not all expert testimony is admissible, as illustrated in a recent Maryland case in which the court considered whether a pharmacist’s testimony was relevant and appropriate in a claim involving informed consent. If you believe you were harmed by negligent medical care, it is wise to confer with a Baltimore medical malpractice attorney to evaluate your options.
Facts of the Case and Procedural Setting
It is alleged that the plaintiffs filed a wrongful death and survival action against a hematologist-oncologist and his medical group, claiming a failure to obtain informed consent regarding the administration of a drug used alongside radiation therapy. The decedent, who had prostate cancer, later developed Stevens-Johnson Syndrome, a rare and severe skin disorder, and subsequently died from pneumonia.
Reportedly, the plaintiffs retained a pharmacist as an expert to testify about the drug’s risks and alternatives. The pharmacist’s deposition included details on the drug’s side effects, lack of FDA approval for prostate cancer treatment, and potential risks for elderly patients. However, the trial court excluded his testimony, determining that his expertise did not extend to informed consent requirements, which led to a jury verdict in favor of the defendants. The plaintiffs appealed.
Expert Testimony in Informed Consent Cases
On appeal, the court considered whether the trial court abused its discretion by excluding the plaintiffs’ expert’s testimony. The court explained that the doctrine of informed consent requires physicians to disclose material information to patients, as patients typically lack the expertise to fully understand the implications of medical treatments. As such, physicians must inform patients about their condition, the proposed treatment, its likelihood of success, alternative options, and potential risks, enabling patients to make informed decisions about their care.
Further, Maryland law requires expert testimony in cases in which plaintiffs allege a lack of informed consent cases to address the nature, risks, and alternatives of the proposed treatment.
While the pharmacist demonstrated extensive knowledge of the drug’s risks and its limited approval, his deposition failed to adequately address the likelihood and severity of risks or the availability of alternative treatments.
Here, the court found that the trial court acted within its discretion to exclude the testimony. It emphasized that expert witnesses in informed consent cases must provide information that aligns with the legal standards for the materiality of risks. As such, the court upheld the trial court’s judgment in favor of the defendants.
Talk to a Capable Baltimore Medical Malpractice Attorney
Medical malpractice cases require nuanced understanding and expert testimony to prove a breach of care or failure to secure informed consent. If you or a loved one suffered injuries due to a healthcare provider’s negligence, consulting with an experienced attorney is crucial. At Arfaa Law Group, our capable Baltimore medical malpractice lawyers are well-versed in handling complex claims and can help you pursue the compensation you deserve. Contact us at (410) 889-1850 or through our online form to arrange a consultation.