Court weighs informed consent on alternative treatment options

Trial Notebook

By Steven P. Garmisa

Hoey & Farina

Posted March 28, 2024 11:21 AM

With no local precedent on an important aspect of informed consent in a malpractice case against an emergency medicine physician, the Maryland Court of Special Appeals looked at “the primary cases” from other jurisdictions on “the duty to inform the patient of alternative treatment options.”As Tentative Draft No. 1 of the Restatement (Third) of Torts: Medical Malpractice explains, “because alternative treatments are rarely the focus of litigation, limited case law addresses when providers must discuss treatment …

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