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McQUITTY v. SPANGLER

No. 137, September Term, 2008.

976 A.2d 1020 (2009)

410 Md. 1

Dylan McQUITTY, a minor, et al. v. Donald SPANGLER, et al.

Court of Appeals of Maryland.

Reconsideration Denied August 20, 2009.

Attorney(s) appearing for the Case

Henry E. Dugan, Jr. (Bruce J. Babij, George S. Tolley, III, Dugan, Babij & Tolley, LLC, Timonium), on brief, for Petitioners.

D.C. Offutt, Jr. (Randall L. Saunders, Offutt Nord, PLLC, Huntington, WV, Robert J. Farley, Wharton, Levin, Ehrmantraut & Klein, P.A., Annapolis), on brief, for Respondents.

Denis C. Mitchell, Stein, Mitchell & Muse, LLP, Washington, DC, Amicus Curiae.

Albert D. Brault, John F. Brault, Brault Graham, LLC, Rockville, Amici Curiae.

Argued before BELL, C.J., HARRELL, BATTAGLIA, GREENE, MURPHY, BARBERA and JOHN C. ELDRIDGE (Retired, specially assigned), JJ.

BATTAGLIA, J.

In this case we explore the boundaries of the doctrine of informed consent in the context of a healthcare provider's treatment of a patient. Petitioner, Peggy McQuitty, mother of Dylan McQuitty, who was born on May 8, 1995 with severe cerebral palsy, sued Dr. Donald Spangler in the Circuit Court for Baltimore County. In addition to alleging medical malpractice, Ms. McQuitty alleged that he breached his duty to obtain her informed consent to treatment...

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