2356 LAWS OF MARYLAND Ch. 640
(d) The Director shall by regulation determine the fees
that may be charged by arbitrators for services rendered by them
in proceedings conducted pursuant to this subtitle.
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] WITHIN
30 DAYS OF the response of the third-party claimant to the
original claim UNLESS THE PARTIES CONSENT TO A LATER FILING OR A
LATER FILING IS ALLOWED BY THE PANEL CHAIRMAN FOR GOOD CAUSE
SHOWN.
(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 dismisses a
claim] may not file a second claim on the same or substantially
the same grounds against any of the same parties.
(B) UNLESS THE SOLE ISSUE IN THE CLAIM IS LACK OF INFORMED
CONSENT:
(1) A CLAIM FILED AFTER JULY 1, 1986, SHALL BE
DISMISSED, WITHOUT PREJUDICE. IF THE CLAIMANT FAILS TO FILE A
CERTIFICATE OF A QUALIFIED EXPERT WITH THE DIRECTOR ATTESTING TO
DEPARTURE FROM STANDARDS OF CARE OR OF INFORMED CONSENT , AND
THAT THE DEPARTURE FROM STANDARDS OF CARE OR OF INFORMED CONSENT
IS THE PROXIMATE CAUSE OF THE ALLEGED INJURY, WITHIN 90 DAYS FROM
THE DATE OF THE COMPLAINT.
(2) A CLAIM FILED AFTER JULY 1, 1986, SHALL BE
ADJUDICATED IN FAVOR OF THE CLAIMANT ON THE ISSUE OF LIABILITY,
IF THE DEFENDANT DISPUTES LIABILITY AND FAILS TO FILE A
CERTIFICATE OF A QUALIFIED EXPERT ATTESTING TO COMPLIANCE WITH
STANDARDS OF CARE OR OF INFORMED CONSENT, OR THAT THE DEPARTURE
FROM STANDARDS OF CARE OR OF INFORMED CONSENT IS NOT THE
PROXIMATE CAUSE OF THE ALLEGED INJURY, WITHIN 120 DAYS FROM THE
DATE THE LAST DEFENDANT HAS BEEN SERVED CLAIMANT FILED THE
CERTIFICATE OF QUALIFIED EXPERT SET FORTH IN PARAGRAPH (1) OF
THIS SUBSECTION. IF THE DEFENDANT DOES NOT DISPUTE LIABILITY, A
|