WILLIAM DONALD SCHAEFER, Governor                   Ch. 596

UPON A DETERMINATION OF THOSE DAMAGES AT THE NEW TRIAL, NO
FURTHER OBJECTION TO DAMAGES MAY BE MADE EXCLUSIVE OF ANY PARTY'S
RIGHT OF APPEAL. EXCEPT AS EXPRESSLY PROVIDED BY FEDERAL LAW, NO
PERSON MAY RECOVER FROM THE CLAIMANT OR ASSERT A CLAIM OF
SUBROGATION AGAINST A DEFENDANT FOR ANY SUM INCLUDED IN A
REMITTITUR OR AWARDED IN A NEW TRIAL ON DAMAGES GRANTED UNDER
THIS SUBSECTION. NOTHING IN THIS SUBSECTION SHALL BE CONSTRUED TO
OTHERWISE LIMIT THE COMMON LAW GROUNDS FOR REMITTITUR.

[(f)] (G) If the verdict of the trier of fact is not more
favorable to the party that rejected the arbitration panel's
award, than was the award, the costs of the judicial proceedings
shall be assessed against the rejecting party. Otherwise, the
court may determine the assessment of such costs.

[(g)] (H) Venue shall be determined in accordance with the
provisions of § 6-201 of this article.

[(h)] (I) The clerk of the court shall file a copy of the
verdict or any other final disposition with the Director.

3-2A-06A.

(A)  AT ANY TIME BEFORE THE HEARING OF A CLAIM WITH THE
HEALTH CLAIMS ARBITRATION OFFICE, THE PARTIES MAY AGREE MUTUALLY
TO WAIVE ARBITRATION OF THE CLAIM, AND THE PROVISIONS OF THIS
SUBSECTION THEN SHALL GOVERN ALL FURTHER PROCEEDINGS ON THE
CLAIM.

(B)  (1) THE CLAIMANT SHALL FILE WITH THE DIRECTOR A WRITTEN
ELECTION TO WAIVE ARBITRATION WHICH MUST BE SIGNED BY ALL PARTIES
OR THEIR ATTORNEYS OF RECORD IN THE ARBITRATION PROCEEDING.

(2) AFTER FILING, THE WRITTEN ELECTION SHALL BE
MUTUALLY BINDING UPON ALL PARTIES.

(C)  (1) WITHIN 60 DAYS AFTER FILING THE ELECTION TO WAIVE
ARBITRATION, THE PLAINTIFF SHALL FILE A COMPLAINT AND A COPY OF
THE ELECTION TO WAIVE ARBITRATION WITH THE CIRCUIT COURT OR
UNITED STATES DISTRICT COURT.

(2)  AFTER FILING THE COMPLAINT, THE PLAINTIFF SHALL
SERVE A SUMMONS AND A COPY OF THE COMPLAINT UPON THE ATTORNEY OF
RECORD FOR ALL HEALTH CARE PROVIDERS PARTIES IN THE HEALTH CLAIMS
ARBITRATION PROCEEDING.

(3)  FAILURE TO FILE A COMPLAINT WITHIN 60 DAYS OF
FILING THE ELECTION TO WAIVE ARBITRATION MAY CONSTITUTE GROUNDS
FOR DISMISSAL OF THE COMPLAINT UPON MOTION BY AN ADVERSE PARTY
AND UPON A FINDING OF PREJUDICE TO THAT PARTY DUE TO THE DELAY IN
THE FILING OF THE COMPLAINT.

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