Ch. 582                                        1995 LAWS OF MARYLAND

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.

(2) THE DEFENDANT SHALL FILE THE CERTIFICATE WITHIN 120 DAYS
FROM THE DATE THE PLAINTIFF SERVED THE CERTIFICATE OF A QUALIFIED
EXPERT REQUIRED BY SUBSECTION (A) OF THIS SECTION ON THE DEFENDANT.

(3)      THE DEFENDANT 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.

(C) THE ATTORNEY REPRESENTING EACH PARTY TO THE ACTION, 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.

(D) AN 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.

(E)     AN EXTENSION OF THE TIME ALLOWED FOR FILING A CERTIFICATE OF A
QUALIFIED EXPERT UNDER THIS SECTION SHALL BE GRANTED FOR GOOD CAUSE
SHOWN.

(F) FOR PURPOSES OF THE CERTIFICATION REQUIREMENTS OF THIS
SECTION;

(1)      A PARTY MAY NOT SERVE AS A PARTY'S EXPERT; AND
(2) A CERTIFICATE MAY NOT BE SIGNED BY:

(I) A PARTY;

(II) AN EMPLOYEE OR PARTNER OF A PARTY; OR

(III) AN EMPLOYEE OR STOCKHOLDER OF A PROFESSIONAL
CORPORATION OF WHICH A PARTY IS A STOCKHOLDER.

SECTION 3. AND BE IT FURTHER ENACTED, That a health care malpractice
claim that was filed with the Director of the Health Claims Arbitration Office prior to the
effective date of this Act and that is pending as of January 1, 1997 shall be transferred to
a court of competent jurisdiction.

3-2A-06A.

(F)     THE PROVISIONS OF THIS SECTION APPLY ONLY IF NO PARTY WAIVES
ARBITRATION OF THE CLAIM UNDER THE PROVISIONS OF § 3-2A-06B OF THIS
SUBTITLE.

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