This page will look at medical malpractice lawsuits based on the theory of lack of informed consent by the doctor or healthcare provider. In non-emergency situations, doctors are required to obtain a patient’s informed consent before rendering any type of medical treatment or performing any sort of procedure. If they fail to obtain informed consent, the doctor can be held liable for medical malpractice.
Lack of Informed Consent Claims
In Maryland, the law requires doctors and healthcare providers to fully explain any proposed treatment or medical procedure to the patient before moving forward. This includes a duty to explain both the benefits of the procedure or treatment, and warning the patient of any material risks or dangers inherent in the therapy or procedure. The explanation from the doctor must enable the patient to reasonably understand the risks and benefits and make an intelligent and informed choice about whether or not to undergo such treatment.