Ch. 291

LAWS OF MARYLAND

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

Article - Courts and Judicial Proceedings

3-2A-04.

(a)(1) A person having a claim against a health care
provider for damage due to a medical injury shall file his claim
with the Director, and the Director shall forward copies of the
claim to the Commission on Medical Discipline of Maryland and the

Medical and Chirurgical Faculty of the State of Maryland. The

Director shall cause a copy of the claim to be served upon the
health care provider by the appropriate sheriff in accordance
with the Maryland Rules. The health care provider shall file a
response with the Director and serve a copy on the claimant and
all other health care providers named therein within the time
provided in the Maryland Rules for filing a responsive pleading
to a 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. THE CLAIMANT
SHALL SERVE A COPY OF THE CERTIFICATE ON ALL OTHER PARTIES TO THE
CLAIM OR THEIR ATTORNEYS OF RECORD IN ACCORDANCE WITH THE
MARYLAND RULES.

(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

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