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Session Laws, 1981
Volume 741, Page 2360   View pdf image
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2360                                    LAWS OF MARYLAND                                 Ch. 588

(4) (I) AFTER GIVING THE CHAIRMAN A PANEL MEMBER
AT LEAST 15 DAYS NOTICE OF HIS INTENTION AND THE REASON FOR
HIS PROPOSED ACTION, THE DIRECTOR MAY REMOVE A THE PANEL
CHAIRMAN MEMBER FOR PROPER GOOD CAUSE SHOWN.

(II)  ON RECEIPT OF A NOTICE OF THE
INTENTION TO REMOVE HIM, THE PANEL CHAIRMAN MEMBER MAY
SUBMIT A WRITTEN STATEMENT OF WHY HE SHOULD NOT BE REMOVED.
THE DIRECTOR SHALL CONSIDER ANY SUCH STATEMENT THAT IS
SUBMITTED PRIOR TO THE DATE FOR WHICH NOTICE OF THE INTENDED
ACTION WAS GIVEN.

(III)  IN ANY EVENT, A REMOVAL IS NOT
EFFECTIVE UNLESS AND UNTIL THE DIRECTOR SUBMITS TO THE PANEL
MEMBER AND THE CHAIRMAN A WRITTEN CONFIRMATION OF THE
REMOVAL.

(c) The Director shall prepare a list of qualified
persons willing to serve as arbitrators of health care
malpractice claims. [He shall include among others on the
list persons on the American Arbitration Association list or
arbitrators who are willing to serve.] The list shall be
divided into three categories, one containing the names of
attorneys, one containing the names of individuals who are
health care providers, and one containing the names of
persons from the general public who are neither attorneys,
health care providers, or agents or employees of an
insurance company or society. The list of health care
providers shall, if practicable, include at least one health
care provider from each recognized specialty, [with the
specialty being designated with the name] AS REQUESTED BY
ANY PARTY.

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. 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
declaration. The claim and the response may include a
statement that the matter in controversy falls within one or
more particular recognized specialties.

(2)  A third-party claim shall be filed with the
response of the third-party claimant to the original claim.

(3)  A CLAIMANT MAY NOT ADD A NEW DEFENDANT AFTER
THE ARBITRATION PANEL HAS BEEN SELECTED, OR 10 DAYS AFTER
THE PREHEARING CONFERENCE HAS BEEN HELD, WHICHEVER IS LATER.

(4)  UNTIL ALL COSTS ATTRIBUTABLE TO THE FIRST
FILING HAVE BEEN SATISFIED, A CLAIMANT WHO VOLUNTARILY

 

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Session Laws, 1981
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