In Maryland, a patient may sue a doctor if the doctor fails to obtain the patient’s informed consent. After all, the general rule is that, before a physician renders medical treatment, she must obtain her patient’s informed consent (or that of the patient’s representative).
For the consent to be informed, the physician must disclose the nature of the proposed treatment, the probability of success of the contemplated treatment and its alternatives, and the risk of unfortunate consequences associated with the treatment.
A physician does not have to disclose all of a treatment’s risks; the physician need only disclose the material risks. 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 have the particular medical treatment or procedure.”
To prevail in an informed consent case, a patient must show more than her doctor’s failure to get informed consent. It’s important to remember this. To succeed in court, you must show that the failure to obtain informed consent was the cause of the harm, injury, or loss that the patient suffered.
Now, I realize that you may now have additional questions about informed consent and what your legal options may be. Well, if you have not yet started a lawsuit and are contemplating bringing one, I encourage you to contact me today. I can answer your legal questions and would love to talk with you. You can reach me at 410-513-9978 or by email at firstname.lastname@example.org.