America ... negligently and carelessly treated, transported and cared for the claimant.” 634 F.2d at 1242. 10 . The government argues that even if we hold that Paul Goodman exhausted his administrative remedies, under Maryland common law, only the patient herself can bring a claim for lack of informed consent and Paul Goodman, as surviving spouse, could not properly bring a wrongful death claim based on the decedent’s lack of informed consent. It is well-established under Maryland law that a surviving spouse can bring a wrongful death action based on medical malpractice, but we have not found, nor does any party cite case law regarding, whether a surviving spouse may bring a wrongful death action based on lack of informed consent. See Slate v. Zitomer, 275 Md. 534, 341 A.2d 789 (1975) (<HOLDING>); see also Md.Code Ann., Cts. & Jud. Proc. §
recognizing action for wrongful death based on unseaworthiness holding that discovery rule applied to wrongful death action predicated on medical malpractice holding that a failure to include a beneficiary in a wrongful death action is a defect because the wrongful death act restricts plaintiffs to a single action holding that a surviving spouse can bring a wrongful death action based on medical malpractice recognizing cause of action for wrongful death