Ch. 252

2003 LAWS OF MARYLAND

(2000 Replacement Volume and 2002 Supplement)
(As enacted by Section 1 of this Act)

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.

(a) (1) A person having a claim against a health care provider for damage
due to a medical injury shall file his claim with the Director, and, if the claim is
against a physician, the Director shall forward copies of the claim to the State Board
of [Physician Quality Assurance and the Medical and Chirurgical Faculty of the State
of Maryland] PHYSICIANS. The Director shall cause a copy of the claim to be served
upon the health care provider by the appropriate sheriff in accordance with the
Maryland Rules. The health care provider shall file a response with the Director and
serve a copy on the claimant and all other health care providers named therein within
the time provided in the Maryland Rules for filing a responsive pleading to a
complaint. The claim and the response may include a statement that the matter in
controversy falls within one or more particular recognized specialties.

(2)     A third-party claim shall be filed within 30 days of the response of
the third-party claimant to the original claim unless the parties consent to a later
filing or a later filing is allowed by the panel chairman for good cause shown.

(3)     A claimant may not add a new defendant after the arbitration panel
has been selected, or 10 days after the prehearing conference has been held,
whichever is later.

(4)     Until all costs attributable to the first filing have been satisfied, a
claimant may not file a second claim on the same or substantially the same grounds
against any of the same parties.

Article - Health Occupations

14-101.

(a)     In this title the following words have the meanings indicated.

(b)     "Board" means the State Board of [Physician Quality Assurance]
PHYSICIANS.

(c)     "Civil action" includes a health care malpractice claim under Title 3,
Subtitle 2A of the Courts Article.

(d)     "Faculty" means the Medical and Chirurgical Faculty of the State of
Maryland.

(e)     "Hospital" has the meaning stated in § 19-301 of the Health - General
Article.

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