The Maryland Court of Appeals has issued a new decision on the law of informed consent in Maryland medical malpractice cases. According to the court, doctors must inform patients not only of the risks of procedures but also the potential consequences of forgoing a medical procedure. The decision is a victory for patient’s rights.
A number of years ago, the Maryland Court of Appeals held that informed consent only applied when there was some physical contact with the patient. The Court’s new decision, however, removed that limitation. A copy of the case can be found here.
As an experienced Baltimore, Maryland medical malpractice lawyer, I have handled a large number of informed consent cases. In any medical malpractice case, it is always important for a lawyer to ask whether the patient was properly informed of risks, alternatives, probabilities of success and failure and other considerations that bear on what was important to the patient. To see some of the cases I have handled, click here.