Informed Consent

Published on: December 28, 2021

Maryland Court Discusses Medical Malpractice Claims in Federal Courts

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 Claims Act. While claims against federal facilities and their employees generally must be brought in federal court, medical malpractice claims arising out of state law must be pursued in state court, as discussed in a recent Maryland ruling. If you were injured by the incompetence of a doctor, it is advisable to speak to a knowledgeable Maryland medical malpractice lawyer to evaluate your options.

The Plaintiff’s Harm

It is alleged that the plaintiff was treated at the defendant facility with the defendant doctor for mental health issues. The defendant doctor prescribed the plaintiff medication, which he alleged caused him to suffer migraines, issues concentrating, and bloody urine. Additionally, he asserted that the defendant doctor prescribed him other medication that caused weight gain and blurred vision.

Published on: March 16, 2021

Maryland Court Discusses Causation in Informed Consent Claims

By Arfaa Law Group

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

Published on: February 16, 2021

Maryland Court Vacates Verdict in Birth Injury Case

By Arfaa Law Group

Doctors tending to expectant mothers have a duty to advise them of treatment risks and alternatives. If they do not, and a mother makes an uninformed decision during delivery, it can result in a tragic birth injury that causes permanent impairment. If a mother is adequately advised of the potential harm a course of care poses but chooses to proceed with that plan regardless, though, the mother may be denied damages. This was demonstrated in a recent Maryland ruling in which an appellate court reversed a jury’s award in a birth injury case, which was the largest medical malpractice award in the United States to date. If your child sustained harm at birth, it is advisable to meet with an experienced Maryland birth injury attorney about your rights.

The Plaintiff’s Care

It is reported that the plaintiff mother, who was 16-years-old and 25 weeks pregnant, presented to the defendant hospital with severe eclampsia and other complications. She met with a team of doctors who advised her of treatment options and their potential risks. Specifically, they told her she could terminate her pregnancy, undergo cesarean delivery, or an induction for a vaginal delivery. She advised the doctors that she did not want to undergo a cesarean delivery to save the baby, even if there were signs of distress, but was otherwise unsure of how to proceed. She ultimately chose to undergo induction.

Published on: November 2, 2020

Maryland Court Allows Plaintiff to Proceed with Informed Consent Claim Against Embryologist

By Arfaa Law Group

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

Published on: August 6, 2020

Maryland Court Discusses Grounds for Lack of Informed Consent Claims

By Arfaa Law Group

Physicians have a duty to provide patients with competent medical care, which includes advising a patient of his or her individual health risks as well as the risks and benefits of any potential tests or treatment. As shown in a recent Maryland case, if a doctor fails to properly inform a patient of available diagnostic tests and treatment options, and the patient’s health is adversely impacted as a result, it may be grounds for a lack of informed consent claim. If you were harmed by your doctor’s failure to advise you of your testing and treatment options, you should speak to an experienced Maryland medical malpractice attorney to discuss what claims you may be able to pursue.

Facts of the Case

It is reported that the plaintiff presented to the defendant urologist in 2014 with complaints of urine in his blood. The defendant did not conduct any diagnostic tests to assess the plaintiff’s symptoms. Approximately a year later, the plaintiff was diagnosed with bladder cancer and kidney cancer. He then filed a medical malpractice lawsuit against the defendant setting forth claims of medical negligence and lack of informed consent, due to the defendant’s failure to advise the plaintiff of available tests or recommend that he undergo diagnostic testing.

Allegedly, prior to trial, the defendant filed numerous motions in limine asking the court to preclude the plaintiff from introducing evidence at trial, including a motion arguing that the plaintiff should not be able to present his lack of informed consent claim, arguing that the failure to recommend tests is not grounds for an informed consent claim. Continue Reading

Published on: June 13, 2017

IUD Malpractice in Maryland

By Arfaa Law Group

An intrauterine device (IUD) is a little, T-shaped piece of plastic inserted into a woman’s uterus to prevent pregnancy. It is a type of long-term contraception that is considered to be 95 to 98 percent effective. One type of IUD releases a hormone (progesterone) and is replaced each year. The second type is made of copper and can be left in the body for five years. The most common shape, however, is a plastic “T” wrapped with copper wire. Mirena, Skyla, and ParaGard are common brands.

Prior to the placement of the IUD, the physician should take a woman’s medical history, conducting a physical examination as well as a pap test. After a full evaluation, the physician will be able to determine whether a woman can safely use an IUD. Some women are disqualified from using the device due to a variety of reasons. For example, a woman who suffers from abnormal vaginal bleeding or who is currently pregnant would not be able to use an IUD.

If it is deemed safe, a physician places an IUD into the uterus. The physician should take great care when doing this in order not to injure the woman. The improper insertion of an IUD can lead to a medical malpractice lawsuit against the physician.

Published on: May 27, 2016

Maryland Informed Consent Law

By Arfaa Law Group

In non-emergency situations, medical professionals are required to obtain a mentally competent patient’s “informed consent” for a particular course of treatment. The idea of informed consent is to give patients a meaningful opportunity to be informed about their own health care decisions. If you or someone you know did not have a chance to provide informed consent, it is important to seek the help and guidance of a skilled Baltimore injury attorney. At Arfaa Law Group, we can analyze the facts of your case and determine whether you truly had a chance to make an informed decision about your health.

Under Maryland law, it is a physician’s duty to inform a patient of all potential benefits, risks and alternatives associated with the proposed procedure or course of treatment. This law is intended to give the patient all the information that would be needed to make an intelligent and informed decision about the treatment. It is important to note that a health care provider does not have to detail every possible risk associated with the treatment. Instead, the scope of disclosure is defined by what a hypothetical reasonable person would find material or important to the decision. A material risk is one which a physician knows or ought to know would be significant to a reasonable person in the patient’s position in deciding whether or not to submit to a particular medical treatment or procedure.