clear space clear space clear space white space
A
 r c h i v e s   o f   M a r y l a n d   O n l i n e
  Maryland State Archives | Index | Help | Search search for:
clear space
white space
Session Laws, 1986
Volume 768, Page 2356   View pdf image
 Jump to  
  << PREVIOUS  NEXT >>
clear space clear space clear space white space

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

 

clear space
clear space
white space

Please view image to verify text. To report an error, please contact us.
Session Laws, 1986
Volume 768, Page 2356   View pdf image
 Jump to  
  << PREVIOUS  NEXT >>


This web site is presented for reference purposes under the doctrine of fair use. When this material is used, in whole or in part, proper citation and credit must be attributed to the Maryland State Archives. PLEASE NOTE: The site may contain material from other sources which may be under copyright. Rights assessment, and full originating source citation, is the responsibility of the user.


Tell Us What You Think About the Maryland State Archives Website!



An Archives of Maryland electronic publication.
For information contact mdlegal@mdarchives.state.md.us.

©Copyright  October 11, 2023
Maryland State Archives