In some situations, a health care provider may violate the standard of care by not informing a patient of the potentially serious side effects of a medication. In a September 24, 2021 case, the plaintiff brought claims for medical malpractice and lack of informed consent against his doctors, alleging that he was not properly informed of the high infertility risks of his prescribed medication. The case came before the Court of Special Appeals of Maryland on review of the lower court’s decision granting summary judgment in favor of one of the defendants.
In March of 2010, when the plaintiff was in his mid-20s, he was hospitalized for cough and shortness of breath. Thereafter, the plaintiff sought treatment from a pulmonologist, who prescribed increasing dosages of Cytoxan. The plaintiff’s care was assumed by a second doctor in February of 2011, who continued treatment with Cytoxan, without significant improvement, until the plaintiff was fully weaned off the medication in May of 2013.
In 2016, the plaintiff was diagnosed with infertility due to Cytoxan toxicity. The plaintiff brought a medical malpractice action in 2018 against the two doctors who treated him. The plaintiff alleged that he was not properly informed of the high infertility risks of Cytoxan, and as a result, he did not have his fertility monitored or take any other action to preserve his ability to have children. The circuit court granted summary judgment as to the claims of the first doctor as time barred. The plaintiff appealed that decision.