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PARRIS N. GLENDENING, Governor
Ch. 582
Section 3-2A-01 through 3-2A-09, inclusive
Annotated Code of Maryland
(1989 Replacement Volume and 1994 Supplement)
BY adding to
Article - Courts and Judicial Proceedings
Section 3-2A-01 3-2A-06A(f) and 3-2A-06B
Annotated Code of Maryland
(1989 Replacement Volume and 1994 Supplement)
SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF
MARYLAND, That Section(s) 3-2A-01 through 3-2A-09, inclusive, of Article—Courts
and Judicial Proceedings of the Annotated Code of Maryland be repealed.
SECTION 2. AND BE IT FURTHER ENACTED 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-01.
(A) (1) (I) EXCEPT AS PROVIDED IN PARAGRAPH (2) OF THIS SUBSECTION,
UNLESS THE SOLE ISSUE IN AN ACTION FOR HEALTH CARE MALPRACTICE FILED
AFTER OCTOBER 1, 1994 IS LACK OF INFORMED CONSENT, THE ACTION SHALL BE
DISMISSED, WITHOUT PREJUDICE, IF THE PLAINTIFF FAILS TO FILE WITH THE
COURT IN WHICH THE ACTION WAS FILED A CERTIFICATE OF A QUALIFIED EXPERT
ATTESTING TO A DEPARTURE FROM STANDARDS OF CARE AND THAT THE
DEPARTURE IS THE PROXIMATE CAUSE OF THE ALLEGED INJURY.
(II) THE PLAINTIFF SHALL FILE THE CERTIFICATE WITHIN 90 DAYS
FROM THE DATE OF THE COMPLAINT.
(III) THE PLAINTIFF SHALL SERVE A COPY OF THE CERTIFICATE ON
ALL OTHER PARTIES TO THE ACTION OR THEIR ATTORNEYS OF RECORD IN
ACCORDANCE WITH THE MARYLAND RULES:
(2) IN LIEU OF DISMISSING THE ACTION, THE COURT SHALL GRANT AN
EXTENSION OF NO MORE THAN 90 DAYS FOR FILING THE CERTIFICATE REQUIRED
BY THIS SUBSECTION IF:
(I) THE LIMITATIONS PERIOD APPLICABLE TO THE ACTION HAS
EXPIRED; AND
(II) THE FAILURE TO FILE THE CERTIFICATE WAS NEITHER
WILLFUL NOR THE RESULT OF GROSS NEGLIGENCE.
(B) (1) UNLESS THE SOLE ISSUE IN AN ACTION FOR HEALTH CARE
MALPRACTICE FILED AFTER OCTOBER 1, 1994 IS LACK OF INFORMED CONSENT, THE
ACTION MAY BE ADJUDICATED IN FAVOR OF THE PLAINTIFF ON THE ISSUE OF
LIABILITY IF THE DEFENDANT DISPUTES LIABILITY AND FAILS TO FILE A
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