In April 2014, Maryland’s highest court laid down a seminal opinion restating the doctrine of informed consent in Maryland, while addressing important issues of proof in informed consent lawsuits. The decision is a mixed bag for health care providers in Maryland. On the one hand, the decision helpfully makes expert testimony a legal requirement for informed consent cases, and sets a bar for that testimony to clear. On the other hand, that bar is set low and can now be cleared by a wider range of experts.
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