When can medical treatment be given without consent?   

Medical treatment requires consent be given first, unless:

• The medical treatment is of an "emergency medical nature,"
• No one authorized to give consent is available immediately, and
• The attending physician determines that:
  • There is a substantial risk of death or immediate and serious harm to patient, and
  • With a reasonable degree of medical certainty, the life or health of the patient would be affected adversely by delaying treatment to obtain consent

This means that unless these conditions exist, the patient is the only person who can give consent (or refuse consent) for medical care if the patient is able to make the decision.  If the patient is not able to make the decision, Maryland law provides for decisions to be made according to the patient's written or oral living will, by an agent the patient selected, or by a "surrogate" (usually a family member).  If there is no other way to make the decisions, a court can appoint a guardian to make the decisions. 

The treatment that can be given as emergency treatment is limited to what is necessary to remove the immediate emergency.

Last legal review 4/10/08 (PLL/M.A.J.)

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