expert required by § 3-2A-04(b) of this subtitle by filing with the Director a written
election to waive arbitration signed by the claimant or the claimant's attorney of
record in the arbitration proceeding.

(2) The claimant shall serve the written election on all other parties to
the claim in accordance with the Maryland Rules.

(3) If the claimant waives arbitration under this subsection, all
defendants shall comply with the requirements of § 3-2A-04(b) of this subtitle by
filing their certificates at the Health Claims Arbitration Office or, after the election,
in the appropriate circuit court or United States District Court:

(c) (1) Subject to the time limitation under subsection (d) of this section, any
defendant may waive arbitration at any time after the claimant has filed the
certificate of qualified expert required by § 3-2A-04(b) of this subtitle by filing with
the Director a written election to waive arbitration signed by the defendant or the
defendant's attorney of record in the arbitration proceeding.

(2) The defendant shall serve the written election on all other parties to
the claim in accordance with the Maryland Rules.

(3) If a defendant waives arbitration under this subsection, the
defendant shall comply with the requirements of § 3-2A-04(b) of this subtitle by
filing the certificate at the Health Claims Arbitration Office, or, after the election, in
the appropriate circuit court or United States District Court.

(d) (1) A waiver of arbitration by any party under this section may be filed
not later than 60 days after all defendants have filed a certificate of qualified expert
under § 3-2A-04(b) of this subtitle.

(2) Any waiver of arbitration after the date specified in paragraph (1) of
this subsection shall be in accordance with the provisions of § 3-2A-06A of this
subtitle.

(e) After filing, the written election shall be binding upon all parties.

(f) (1) Within 60 days after the filing of an election to waive arbitration by
any party, the plaintiff shall file a complaint and a copy of the election to waive
arbitration in the appropriate circuit court or the United States District Court.

(2) After filing the complaint, the plaintiff shall serve a summons and a
copy of the complaint upon all defendants or the attorney of record for all parties in
the health claims arbitration proceeding.

(3) Failure to file a complaint within 60 days of filing the election to
waive arbitration may constitute grounds for dismissal of the complaint upon:

(i) A motion by an adverse party; and

(ii) A finding of prejudice to the adverse party due to the delay in
the filing of the complaint.