Ch. 688

LAWS OF MARYLAND

BY repealing and reenacting, with amendments,

Article -Courts and Judicial Proceedings

Section 3-2A-04(b)

Annotated Code of Maryland

(1984 Replacement Volume and 1988 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-04.

(b) Unless the sole issue in the claim is lack of informed
consent:

(1) A (I) EXCEPT AS PROVIDED IN SUBPARAGRAPH (II) OF
THIS PARAGRAPH, A claim filed after July 1, 1986, shall MAY
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.

(II) IN LIEU OF DISMISSING THE CLAIM, THE PANEL
CHAIRMAN SHALL GRANT AN EXTENSION OF NO MORE THAN 90 DAYS FOR
FILING THE CERTIFICATE REQUIRED BY THIS PARAGRAPH, IF:-----------

1. THE LIMITATIONS PERIOD APPLICABLE TO
THE CLAIM HAS EXPIRED; AND

1. THE FAILURE TO FILE THE CERTIFICATE
WAS NEITHER WILLFUL NOR THE RESULT OF GROSS NEGLIGENCE.

(2) A claim filed after July 1, 1986, [shall] MAY be
adjudicated in favor of the claimant on the issue of liability,
ONLY if the defendant disputes liability and WILLFULLY 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 served the certificate of a
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.

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