Articles Posted in Informed Consent

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 liable for failing to obtain informed consent, but only if their shortcomings proximately cause their patients to suffer harm. The evidence needed to establish causation was discussed in a recent Maryland opinion, in a case in which the doctor’s behavior was so egregious the trial court found in favor of the plaintiff as a matter of law. If you sustained damages due to your doctor’s communication errors, you could be owed compensation, and it is advisable to speak to a skillful Maryland medical malpractice lawyer regarding your rights.

The Patient’s Harm

It is reported that the plaintiff sought care from a urologist who had previously treated her due to kidney stones. The physician was unavailable, so his partner, the defendant, examined the plaintiff. As part of the examination, the defendant touched the plaintiff’s breasts and performed invasive digital pelvic and rectal examinations. The plaintiff felt defiled and subsequently developed PTSD and anxiety due to the examination.

Allegedly, the plaintiff filed a lawsuit against the defendant alleging numerous claims, including failure to obtain informed consent. Following discovery, the court granted summary judgment on the plaintiff’s informed consent claim, but the parties proceeded to trial on the issue of damages. Contrary to the trial court ruling, the jury found that the lack of informed consent did not damage the plaintiff and ruled in favor of the defendant. The plaintiff then appealed. Continue Reading

Some people are unable to conceive a child naturally and rely on assisted reproductive technology (ART) to grow their families. In many instances, ART involves relatively new medical practices and procedures, the risks of which are unknown. Thus, a patient that suffers damage due to an undisclosed risk of an ART procedure may face some hurdles in the pursuit of damages. Recently, however, a Maryland court ruled that a plaintiff could pursue a failure to obtain an informed consent claim against an ART facility after a couple’s child was born with significant birth defects that they were not advised could occur due to the procedure. If you suffered harm due to a healthcare provider’s failure to fully advise you of the risks of a procedure, you should speak to an experienced Maryland medical malpractice attorney regarding your possible claims.

Facts of the Case

It is reported that the plaintiff and his wife suffered from infertility. They turned to the defendant embryology practice for assistance conceiving and chose to pursue in vitro fertilization (IVF) with ICSI, a procedure in which an egg is injected with a single sperm to form an embryo. They met with the defendant’s staff and received and signed consent forms that stated, in part, that while children born from IVF with ICSI did not seem to have an overall higher rate of congenital birth defects, the risk could not be precluded.

Allegedly, the plaintiff and his wife underwent the procedure, after which the wife became pregnant. Tragically, their unborn child was diagnosed with a disorder known as pentalogy of Cantrell, which causes severe heart issues, when the wife was six months pregnant. The plaintiff’s child was born and died a few months later, after undergoing numerous procedures. The plaintiff sued the defendant, alleging failure to obtain informed consent and other claims. The defendant moved for summary judgment. Continue Reading