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Session Laws, 1976
Volume 734, Page 496   View pdf image
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496                                          LAWS OF MARYLAND                                  Ch. 235

Health Care Malpractice Claims" be and they are hereby
added to Article — Courts and Judicial Proceedings, of
the Annotated Code of Maryland (1974 Volume and 1975
Supplement) to read as follows:

Article — Courts and Judicial Proceedings

SUBTITLE 2A. HEALTH CARE MALPRACTICE CLAIMS

3-2A01. DEFINITIONS.

(A)    IN THIS SUBTITLE, THE FOLLOWING TERMS HAVE THE
MEANINGS INDICATED UNLESS THE CONTEXT OF THEIR USE
REQUIRES OTHERWISE.

(B)    "ARBITRATION PANEL" MEANS THE ARBITRATORS
SELECTED TO DETERMINE A HEALTH CARE MALPRACTICE CLAIM IN
ACCORDANCE WITH THIS SUBTITLE.

(C)    "COURT" MEANS A CIRCUIT COURT OF A COUNTY OR
COURT OF THE SUPREME BENCH OF BALTIMORE CITY HAVING
JURISDICTION OVER ACTIONS AT LAW.

(D)    "DIRECTOR" MEANS THE DIRECTOR OF THE HEALTH
CLAIMS ARBITRATION OFFICE.

(E)    "HEALTH CARE PROVIDER" MEANS A HOSPITAL, A
RELATED INSTITUTION AS DEFINED IN ARTICLE 43, §556 OF THE
CODE, A PHYSICIAN, AN OSTEOPATH, AN OPTOMETRIST, A
CHIROPRACTOR, A REGISTERED OR LICENSED PRACTICAL NURSE, A
DENTIST, A PODIATRIST, AND A PHYSICAL THERAPIST, LICENSED
OR AUTHORIZED TO PROVIDE ONE OR MORE HEALTH CARE SERVICES

IN MARYLAND. "HEALTH CARE PROVIDER" [[SHALL NOT___BE

CONSTRUED TO INCLUDE NURSING INSTITUTIONS SUCH AS THOSE

OPERATED OR LISTED AND CERTIFIED BY THE FIRST CHURCH__OF

CHRIST, SCIENTIST, BOSTON, MASSACHUSETTS WHEREIN THE ONLY
TREATMENT PRESCRIBED IS BY SPIRITUAL MEANS THROUGH PRAYER
ALONE.]] DOES NOT MEAN ANY NURSING INSTITUTION CONDUCTED

BY AND FOR THOSE WHO RELY UPON TREATMENT BY SPIRITUAL

MEANS THROUGH PRAYER ALONE IN ACCORDANCE WITH THE TENETS
AND PRACTICES OF A RECOGNIZED CHURCH OR RELIGIOUS
DENOMINATION.

(F)    "MEDICAL INJURY" MEANS INJURY ARISING OR
RESULTING FROM THE RENDERING OR FAILURE TO RENDER HEALTH
CARE.

3-2A02. EXCLUSIVE PROCEDURES.

(A) ALL CLAIMS, SUITS, AND ACTIONS, INCLUDING
CROSS CLAIMS, THIRD PARTY CLAIMS, AND ACTIONS UNDER TITLE
3 SUBTITLE 9 OF THIS ARTICLE, BY A PERSON AGAINST A
HEALTH CARE PROVIDER FOR MEDICAL INJURY ALLEGEDLY
SUFFERED BY THE PERSON IN WHICH DAMAGES OF MORE THAN
$5,000 ARE SOUGHT ARE SUBJECT TO AND SHALL BE GOVERNED BY
THE PROVISIONS OF THIS SUBTITLE. AN ACTION OR SUIT OF
THAT TYPE MAY NOT BE BROUGHT OR PURSUED IN ANY COURT OF
THIS STATE EXCEPT IN ACCORDANCE WITH THIS SUBTITLE. AN

 

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Session Laws, 1976
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