WILLIAM DONALD SCHAEFER, Governor Ch. 596

(b)  (1) The provisions of §§ 3-212 through 3-217 and 3-220
of this article are applicable to proceedings under this
subtitle.

(2)  Except for the provisions of the Maryland Rules
relating to time for the completion of discovery, the provisions
of the Maryland Rules relating to discovery are applicable to
proceedings under this subtitle. All discovery in any action
under this subtitle shall be completed within 270 days from the
date on which all defendants have been served, unless extended by
the panel chairman for good cause shown.

(3)  Properly authenticated hospital records and the
records of treating 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.

(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.

(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, ITEMIZE, assess, and apportion
appropriate damages against one or more of the health care
providers that it has found to be liable. THE AWARD SHALL
ITEMIZE BY CATEGORY AND AMOUNT ANY DAMAGES ASSESSED FOR INCURRED
MEDICAL EXPENSES, REHABILITATION COSTS, AND LOSS OF EARNINGS.
DAMAGES ASSESSED FOR ANY FUTURE EXPENSES, COSTS, AND LOSSES SHALL
BE ITEMIZED SEPARATELY.

(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.

(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 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.

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