WILLIAM DONALD SCHAEFER, Governor                     Ch. 592

committed] OF THE ALLEGEDLY WRONGFUL ACT OR OMISSION or (2)
within three years of the date when the injury was discovered,
whichever is the shorter. If the claimant was under [16] 10 years
of age at the time [the injury was committed] OF THE ALLEGEDLY
WRONGFUL ACT OR OMISSION, the time LIMITATIONS PRESCRIBED IN THIS
SECTION shall commence when he reaches the age of [16] 10.
Filing of a claim with the Health Claims Arbitration Office in
accordance with § 3-2A-04 of this article shall be deemed the
filing of an action for purposes of this section.

(B) TO THE EXTENT THAT THEY ARE INCONSISTENT, THE

PROVISIONS OF § 5-201 OF THIS ARTICLE DO NOT APPLY TO ACTIONS
COVERED BY THIS SECTION.

5-109.

(A) AN ACTION FOR DAMAGES FOR AN INJURY ARISING OUT OF THE
RENDERING OF OR FAILURE TO RENDER PROFESSIONAL SERVICES BY A
HEALTH CARE PROVIDER, AS DEFINED IN § 3-2A-01 OF THIS ARTICLE,
SHALL BE FILED WITHIN THE EARLIER OF:

(1) FIVE YEARS OF THE TIME THE INJURY WAS COMMITTED;
OR

(2) THREE YEARS OF THE DATE THE INJURY WAS
DISCOVERED.

(B) EXCEPT AS PROVIDED IN SUBSECTION (C) OF THIS SECTION,
IF THE CLAIMANT WAS UNDER THE AGE OF 11 YEARS AT THE TIME THE
INJURY WAS COMMITTED, THE TIME LIMITATIONS PRESCRIBED IN
SUBSECTION (A) OF THIS SECTION SHALL COMMENCE WHEN THE CLAIMANT
REACHES THE AGE OF 11 YEARS.

(C) (1) THE PROVISIONS OF SUBSECTION (B) OF THIS SECTION
MAY NOT BE APPLIED TO AN ACTION FOR DAMAGES FOR AN INJURY:

(I) TO THE REPRODUCTIVE SYSTEM OF THE CLAIMANT;
OR

(II) CAUSED BY A FOREIGN OBJECT NEGLIGENTLY
LEFT IN THE CLAIMANT'S BODY.

(2) IN AN ACTION FOR DAMAGES FOR AN INJURY DESCRIBED
IN THIS SUBSECTION, IF THE CLAIMANT WAS UNDER THE AGE OF 16 YEARS
AT THE TIME THE INJURY WAS COMMITTED, THE TIME LIMITATIONS
PRESCRIBED IN SUBSECTION (A) OF THIS SECTION SHALL COMMENCE WHEN
THE CLAIMANT REACHES THE AGE OF 16 YEARS.-----------------------

(D) FOR THE PURPOSES OF THIS SECTION, THE FILING OF A CLAIM
WITH THE HEALTH CLAIMS ARBITRATION OFFICE IN ACCORDANCE WITH §
3-2A-04 OF THIS ARTICLE SHALL BE DEEMED THE FILING OF AN ACTION.

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