HARRY HUGHES, Governor

1029

Health Care Malpractice Claims - Panel Selection

FOR the purpose of modifying the time periods for party
selection of an arbitration panel to hear a health care
malpractice claim under certain conditions; and
renumbering certain provisions.

BY repealing and reenacting, with amendments,

Article - Courts and Judicial Proceedings

Section 3-2A-04(c)

Annotated Code of Maryland

(1974 Volume and 1978 Supplement)

SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF
MARYLAND, That section(s) of the Annotated Code of Maryland
be repealed, amended, or enacted to read as follows:

Article - Courts and Judicial Proceedings

3-2A-04.

(c) (1) Within [30] 15 days after delivery of the
list, a party may object in writing stating the reasons
therefor to the inclusion of any arbitrator on the list. If
the Director finds a reasonable basis for the objection, he
shall replace the name of the arbitrator with the name of
another arbitrator. Within [the same 30-day.] 30 DAYS AFTER
DELIVERY OF THE INITIAL LIST OR, IF AN ARBITRATOR IS
REPLACED, WITHIN 30 DAYS AFTER DELIVERY OF THE REPLACEMENT
LIST, each party shall strike from the list in each category
any name or names that are unacceptable and return a copy of
the list with his strikes to the Director. A party may not
strike more than two names in any category. [If,

(1)] (2) IF:

(I) The claim is against more than one
health care provider, whether directly by a claimant or as a
result of a third-party claim, the health care providers
claimed against shall be treated as a single party and shall
exercise their strikes jointly;

[(2)] (II) There is more than one claimant, the
claimants shall be treated as a single party and shall
exercise their strikes jointly;

[(3)] (III) Within the [30-day] 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 he shall make the
strikes on their behalf with respect to that category;