WILLIAM DONALD SCHAEFER, Governor Ch. 138
complaint. The claim and the response may include a statement
that the matter in controversy falls within one or more
particular recognized specialties.
(2) A third-party claim shall be filed within 30 days
of the response of the third-party claimant to the original claim
unless the parties consent to a later filing or a later filing is
allowed by the panel chairman for good cause shown.
(3) A claimant may not add a new defendant after the
arbitration panel has been selected, or 10 days after the
prehearing conference has been held, whichever is later.
(4) Until all costs attributable to the first filing
have been satisfied, a claimant may not file a second claim on
the same or substantially the same grounds against any of the
same parties.
(b) Unless the sole issue in the claim is lack of informed
consent:
(1) A claim filed after July 1, 1986, shall be
dismissed, without prejudice, if the claimant fails to file a
certificate of a qualified expert with the Director attesting to
departure from standards of care, and that the departure from
standards of care is the proximate cause of the alleged injury,
within 90 days from the date of the complaint.
(2) A claim filed after July 1, 1986, shall be
adjudicated in favor of the claimant on the issue of liability,
if the defendant disputes liability and fails to file a
certificate of a qualified expert attesting to compliance with
standards of care, or that the departure from standards of care
is not the proximate cause of the alleged injury, within 120 days
from the date the claimant filed the certificate of qualified
expert set forth in paragraph (1) of this subsection. If the
defendant does not dispute liability, a certificate of a
qualified expert is not required under this subsection.
(3) The attorney representing each party, or the
party proceeding pro se, shall file the appropriate certificate
with a report of the attesting expert attached. Discovery is
available as to the basis of the certificate.
(4) The attesting expert may not devote annually more
than 20 percent of the expert's professional activities to
activities that directly involve testimony in personal injury
claims.
(5) An extension of the time allowed for filing a
certificate of a qualified expert under this subsection may be
granted for good cause shown.
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