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…
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…
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…
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…
Generally speaking, doctors owe their patients two duties: they must treat them in accordance with the standard of care and advise them of the consequences of any proposed treatment. If a doctor breaches either duty, they may be held accountable for any harm that ensues. As discussed in a recent…
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…
Nurses, like doctors, can be held liable if they carelessly perform their duties and cause people harm. Malpractice lawsuits against nurses must be pursued in the appropriate forum, however, and if they are not, the defendant can ask the court to transfer the case to another venue. There can be…
Typically, medical malpractice claims are pursued in state court. In some cases, however, a defendant may attempt to move a case to federal court with the hopes that they will have a better chance of obtaining a verdict in their favor. The federal courts have limited jurisdiction, however, and can…
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…
Doctors have an obligation to thoroughly advise their patients of the risks and benefits of any examination or procedure so that the patients can make educated decisions regarding whether to proceed with the suggested care. Physicians that neglect to adequately advise their patients prior to rendering treatment may be held…