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Session Laws, 1987
Volume 769, Page 2722   View pdf image
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Ch. 596                                    LAWS OF MARYLAND

BY adding to

Article - Courts and Judicial Proceedings

Section 3-2A-06A

Annotated Code of Maryland

(1984 Replacement Volume and 1986 Supplement)

SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF
MARYLAND, That the Laws of Maryland read as follows:

Article - Courts and Judicial Proceedings

3-2A-02.

(a)(l) All claims, suits, and actions, including cross
claims, third-party claims, and actions under Title 3 Subtitle 9
of this article, by a person against a health care provider for
medical injury allegedly suffered by the person in which damages
of more than the limit of the concurrent jurisdiction of the
District Court are sought are subject to and shall be governed by
the provisions of this subtitle;

(2)  An action or suit of that type may not be brought
of pursued in any court of this State except in accordance with
this subtitle.

(3)  EXCEPT FOR THE PROCEDURES STATED IN § 3-2A-06(F)
OF THIS SUBTITLE, [An] AN action within the concurrent
jurisdiction of the District Court is not subject to the
provisions of this subtitle.

(b)  A claim filed under this subtitle and an initial
pleading filed in any subsequent action may not contain a
statement of the amount of damages sought other than that they
are more than a required jurisdictional amount.

(c)  Except as otherwise provided, the Maryland Rules of
Procedure shall apply to all practice and procedure issues
arising under this subtitle.

3-2A-05.

(a) (1)     Except as provided under paragraph (2) of this

subsection, all issues of law shall be referred by the Director

to the panel chairman. All issues of fact shall be referred by

the Director to the arbitration panel;

(2) Where a panel chairman has not been appointed or
is temporarily unable to serve, and the Director is admitted to
the Maryland Bar, the Director may rule on ail issues of law
arising prior to hearing that are not dispositive of the case and
shall include the assessment of costs.

         - 2722 -

 

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Session Laws, 1987
Volume 769, Page 2722   View pdf image
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