In Maryland, there are numerous acts that may give rise to a medical malpractice lawsuit. For example, a patient may pursue claims against a practitioner for failing to properly diagnose the patient in a timely manner or operating on the wrong part of the patient’s body, which may constitute medical negligence. Practitioners may fail to advise the patient of the risks and other information regarding a procedure, which may be deemed a failure to obtain informed consent. Recently, a Maryland court highlighted the differences between medical negligence and the failure to obtain informed consent, in a case in which the defendant sought dismissal of the plaintiff’s informed consent claims. If you suffered harm due to improper medical care, it is advisable to meet with a diligent Maryland medical malpractice attorney to discuss your potential claims.
Factual History of the Case
It is reported that the plaintiff’s decedent was admitted to a hospital in August 2017, following a fall, where he complained of pain and swelling in his left knee. He was then transferred to another hospital where he underwent an evaluation by an orthopedic surgeon, who noted the decedent was not a candidate for surgery and should be placed on antibiotics. He was prescribed antibiotics and discharged. He was then transferred back to the detention center where he had previously been incarcerated but he did not fill his prescription or take the prescribed antibiotics. However, he continued to complain of issues in his knee, and his condition deteriorated. He was ultimately transferred to a hospital, where he died of sepsis. The plaintiff then filed a lawsuit against the defendant, the healthcare provider for the detention center, alleging numerous claims, including failure to obtain informed consent. The defendant sought dismissal of the failure to obtain an informed consent claim via summary judgment.