Published by Arfaa Law Group
Under Maryland law, the doctrine of informed consent requires that healthcare providers disclose information that is material to a patient’s decision-making regarding their medical treatment. This duty extends to communicating risks, alternatives, and other essential information that would allow patients to make informed decisions. Recently, a Maryland court issued an opinion highlighting the significance of informed consent in ensuring that patients understand their treatment options and the associated risks. If you or a loved one suffered harm due to a failure to obtain informed consent, it is wise to confer with a Baltimore medical malpractice attorney about your potential claims.
Background of the Case
It is reported that the plaintiff was hospitalized due to complications in her pregnancy, including a partial placental abruption. The defendant, her treating physician, determined that delaying a Cesarean delivery would increase the chances of the fetus maturing despite the risks associated with continued pregnancy. Over the following weeks, additional complications arose, including another placental abruption and intrauterine growth restriction. Despite these developments, Dr. Spangler did not inform the plaintiff of the option for an earlier Cesarean delivery. Ultimately, the plaintiff experienced a complete placental abruption, and her child was born with severe cerebral palsy.
Allegedly, the plaintiffs brought claims of medical malpractice and failure to obtain informed consent against the defendant. While the jury initially could not reach a verdict on the informed consent claim, a subsequent trial awarded the plaintiffs $13 million in damages for the informed consent violation. However, the trial court later overturned the verdict, ruling that Maryland law required an “affirmative violation” of physical integrity to sustain such a claim. The plaintiffs appealed.
Evidence Needed to Establish a Lack of Informed Consent
The court analyzed whether an informed consent claim under Maryland law required proof of an affirmative violation of the patient’s physical integrity, such as a surgical procedure or injection. The court ruled that informed consent claims do not hinge on physical invasions but rather on whether the healthcare provider fulfilled their duty to disclose material risks and alternatives.
In its decision, the court emphasized that a physician’s duty to obtain informed consent is grounded in the patient’s right to make an intelligent and informed choice. It held that the duty applies even in the absence of physical invasions, as withholding critical information deprives patients of their autonomy and decision-making capacity. The court reversed the lower court’s ruling and reinstated the jury’s damages award, noting that the plaintiffs had provided substantial evidence that earlier disclosure of treatment options could have prevented the child’s injuries.
Meet with a Dedicated Baltimore Medical Malpractice Attorney
Informed consent is an essential component of medical care, and a failure to properly inform patients of their options can have devastating consequences. If you or a loved one was harmed due to a healthcare provider’s failure to obtain informed consent, it is critical to understand your legal rights. The dedicated Baltimore medical malpractice attorneys at Arfaa Law Group can assess your case and help you seek the compensation you deserve. To schedule a consultation, call us at (410) 889-1850 or reach out through our online contact form.