Ch. 97

LAWS OF MARYLAND

emergency measure; and generally relating to waiver of
arbitration of certain health care malpractice claims.

BY repealing and reenacting, without amendments,

Article - Courts and Judicial Proceedings

Section 3-2A-06A

Annotated Code of Maryland

(1984 Replacement Volume and 1987 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-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 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.

(d)  After filing the election to waive arbitration, the
plaintiff may not join an additional health care provider as a
defendant in any action brought under subsection (c) of this
section unless a written election to waive arbitration has been
filed by that health care provider under subsection (b) of this
section.

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