H.B. 2

VETOES

(2) "Health care provider" does not [mean] INCLUDE any nursing
institution conducted by and for those who rely upon treatment by spiritual means
through prayer alone in accordance with the tenets and practices of a recognized
church or religious denomination.

[(f)] (G) "Medical injury" means injury arising or resulting from the rendering
or failure to render health care.

(H) "MEDICAL EXPENSES" MEANS ANY COSTS THAT HAVE BEEN OR WILL BE
INCURRED BY OR ON BEHALF OF A CLAIMANT OR PLAINTIFF AS A RESULT OF A
MEDICAL INJURY,—INCLUDING THE COSTS OF MEDICAL AND HOSPITAL,
REHABILITATIVE, RESIDENTIAL AND CUSTODIAL CARE AND SERVICE, SPECIAL
EQUIPMENT OR FACILITIES, AND RELATED TRAVEL.

(I) (H) "NONECONOMIC DAMAGES" MEANS:

(1)      IN A CLAIM FOR PERSONAL INJURY, PAIN, SUFFERING,
INCONVENIENCE, PHYSICAL IMPAIRMENT, DISFIGUREMENT, LOSS OF CONSORTIUM,
OR OTHER NONPECUNIARY INJURY; OR

(2)      IN A CLAIM FOR WRONGFUL DEATH, MENTAL ANGUISH, EMOTIONAL
PAIN AND SUFFERING, LOSS OF SOCIETY, COMPANIONSHIP, COMFORT, PROTECTION,
CARE, MARITAL CARE, PARENTAL CARE, FILIAL CARE, ATTENTION, ADVICE,
COUNSEL, TRAINING, GUIDANCE, OR EDUCATION, OR OTHER NONECONOMIC
DAMAGES AUTHORIZED UNDER SUBTITLE 9 OF THIS TITLE.

3-2A-02.

(c) (1) In any action for damages filed under this subtitle, the health care
provider is not liable for the payment of damages unless it is established that the care
given by the health care provider is not in accordance with the standards of practice
among members of the same health care profession with similar training and
experience situated in the same or similar communities at the time of the alleged act
giving rise to the cause of action.

(2) (I) THIS PARAGRAPH APPLIES TO AN ACTION FOR WHICH AN
INITIAL COMPLAINT IS FILED IN A COURT A CLAIM OR ACTION FILED ON OR AFTER
JANUARY 1, 2005.

(II) 1. IN ADDITION TO ANY OTHER QUALIFICATIONS, A HEALTH
CARE PROVIDER WHO ATTESTS IN A CERTIFICATE OF A QUALIFIED EXPERT OR
TESTIFIES IN RELATION TO A PROCEEDING BEFORE A PANEL OR COURT
CONCERNING A DEFENDANT'S COMPLIANCE WITH OR DEPARTURE FROM
STANDARDS OF CARE:

A. SHALL HAVE HAD ACTIVE CLINICAL EXPERIENCE,
PROVIDED CONSULTATION RELATING TO ACTIVE CLINICAL PRACTICE, OR TAUGHT
MEDICINE IN THE DEFENDANT'S SPECIALTY OR A RELATED FIELD OF HEALTH CARE,
OR IN THE FIELD OF HEALTH CARE IN WHICH THE DEFENDANT PROVIDED CARE OR
TREATMENT TO THE PLANTIFF PLAINTIFF, WITHIN 5 YEARS OF THE DATE OF THE
ALLEGED ACT OR OMISSION GIVING RISE TO THE CAUSE OF ACTION; AND

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