Ch. 5

LAWS OF MARYLAND

Article - Courts and Judicial Proceedings
3-2A-04.

(a)  (1) A person having a claim against a health care
provider for damage due to a medical injury shall file his claim
with the Director, and, if the claim is against a physician, the
Director shall forward copies of the claim to the State Board of
Physician Quality Assurance[, or its successor,] and the Medical
and Chirurgical Faculty of the State of Maryland. The Director
shall cause a copy of the claim to be served upon the health care
provider by the appropriate sheriff in accordance with the
Maryland Rules. The health care provider shall file a response
with the Director and serve a copy on the claimant and all other
health care providers named therein within the time provided in
the Maryland Rules for filing a responsive pleading to a
complaint. The claim and the response may include a statement
that the matter in controversy falls within one or more
particular recognized specialties.

(b)  Unless the sole issue in the claim is lack of informed
consent:

(6) In the case of a claim against a physician, the
Director shall forward copies of the certificates filed under
paragraphs (1) and (2) of this subsection to the State Board of
Physician Quality Assurance [or its successor].

DRAFTER'S NOTE:

Error: Obsolete language in § 3-2A-04(a)(1) and
(b)(6) of the Courts and Judicial Proceedings Article.

Occurred: Ch. 138, Acts of 1988.

(d) (2) If:

(iii) Within the time period specified in
paragraph (1) of this subsection, multiple claimants or multiple
health care providers fail to agree on their strikes in any
category, they shall notify the Director of their disagreement,
and the Director may make the strikes on their behalf with
respect to that category; AND

DRAFTER'S NOTE:

Error: Omitted conjunction in § 3-2A-04(d)(2)(iii) of
the Courts and Judicial Proceedings Article.

Occurred: Ch. 235, Acts of 1976.

3-2A-06.

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