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Session Laws, 1988
Volume 770, Page 2775   View pdf image
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WILLIAM DONALD SCHAEFER, Governor Ch. 291

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] SERVED the certificate of
qualified expert set forth in paragraph (1) of this subsection ON
THE DEFENDANT. If the defendant does not dispute liability, a
certificate of a qualified expert is not required under this
subsection. THE DEFENDANT 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.

(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.

(d) (2) If:

(i) The claim is against more than one health
care provider, whether directly by a claimant or as a result of a
third-party claim, the health care provider claimed against
shall be treated as a single party and shall exercise their
strikes jointly;

(ii) There is more than one claimant, the
claimants shall be treated as a single party and shall exercise
their strikes jointly;

(iii) Within the time period specified in
paragraph (1) of this subsection, multiple claimants or multiple
health care providers fail to agree on their strikes in any
category, they shall notify the Director of their disagreement,
and [he shall] THE DIRECTOR MAY make the strikes on their behalf
with respect to that category;

(iv) Any party fails to return a copy of the
list with his strikes within the time period specified in
paragraph (1) of this subsection, the Director [shall] MAY make
the strikes for that party.

3-2A-05.

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

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Session Laws, 1988
Volume 770, Page 2775   View pdf image
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