2360

LAWS OF MARYLAND

Ch. 640

(3) THE CHAIRMAN SHALL APPLY THE RULES OF EVIDENCE
COMMONLY APPLIED BY JUDGES SITTING WITHOUT A JURY IN CIVIL CASES,
INCLUDING RULES OF PRIVILEGES, EXCEPT THAT:

(I) PROPERLY AUTHENTICATED HOSPITAL RECORDS AND
THE RECORDS OF TREATING PHYSICIANS HEALTH CARE PROVIDERS ARE
ADMISSIBLE WITHOUT THE NECESSITY OF CALLING THE PHYSICIAN,
SUBJECT TO REASONABLE NOTICE AND THE RIGHT OF THE OPPOSING PARTY
TO DEPOSE?

(II) DEPOSITIONS OF PHYSICIANS ARE ADMISSIBLE;
AND

(III) REPORTS OF NONTREATING PHYSICIANS ARE
ADMISSIBLE WHERE 30 DAYS' NOTICE IS GIVEN OF THE INTENTION TO
OFFER THE REPORT OR ANY LESSER PERIOD THAT IS ALLOWED BY THE
PANEL CHAIRMAN UPON SHOWING OF GOOD CAUSE AND COMPLIANCE WITH
THE RULES OF DISCOVERY, AND THE PARTY GIVING NOTICE AGREES NOT TO
CALL THE MAKER OF THE REPORT AT THE ARBITRATION HEARING.

(c) The attorney member of the panel shall be chairman and
he shall decide all prehearing procedures including issues
relating to discovery AND MOTIONS IN LIMINE. THE CHAIRMAN SHALL
RULE IN CAMERA ON ANY MOTION IN LIMINE.

(D) A PARTY MAY NOT PRESENT TESTIMONY FROM MORE THAN 2
EXPERTS IN A DESIGNATED SPECIALTY BEFORE AN ARBITRATION PANEL
UNLESS THE PANEL CHAIRMAN, FOR GOOD CAUSE SHOWN, PERMITS
ADDITIONAL EXPERTS. EXCEPT FOR GOOD CAUSE SHOWN, THE PARTY MAY
ONLY USE THESE SAME 2 EXPERTS IN THE CIRCUIT COURT ON APPEAL.

[(d)] (E) The arbitration panel shall first determine the
issue of liability with respect to a claim referred to it. If the
arbitration panel determines that the health care provider is not
liable to the claimant or claimants the award shall be in favor
of the health care provider. If the arbitration panel determines
that a health care provider is liable to the claimant or
claimants, it shall then consider, assess, and apportion
appropriate damages against one or more of the health care
providers that it has found to be liable.

[(e)] (F) The award shall include an assessment of costs,
including the arbitrators' fees. IF THERE IS NO PANEL
DETERMINATION, THE PANEL CHAIRMAN SHALL ASSESS COSTS.

[(f)] (G) The arbitration panel shall make its award and
deliver it to the Director in writing within 1 year from the date
on which all defendants have been served AND WITHIN 5 10 DAYS
AFTER THE CLOSE OF THE HEARING. The Director shall cause a copy
of it to be served on each party WITHIN 15 DAYS OF HAVING
RECEIVED IT FROM THE ARBITRATION PANEL.

[(g)] (H) A party may apply to the arbitration panel to
modify or correct an award as to liability, damages, or costs in
accordance with § 3-222 of this article.