H.B. 2 VETOES
2. IF THE CLAIM IS AGAINST A PHYSICIAN, THE
DEPARTMENT OF HEALTH AND MENTAL HYGIENE SHALL FORWARD A COPY OF THE
COMPLAINT TO THE STATE BOARD OF PHYSICIANS.
(IV) THE PERSON WHO FILES A CLAIM OR RESPONSE SHALL CAUSE
A COPY OF THE CLAIM OR RESPONSE TO BE SERVED ON EACH OTHER PARTY IN
ACCORDANCE WITH THE MARYLAND RULES.
(V) A PLEADING CONCERNING A CLAIM MAY INCLUDE A
STATEMENT THAT THE MATTER IN CONTROVERSY IS WITHIN ONE OR MORE
PARTICULAR RECOGNIZED SPECIALTIES.
(VI) EACH CERTIFICATE OF A QUALIFIED EXPERT DESCRIBED IN
THIS SECTION SHALL BE FILED WITH THE CLERK OF THE COURT.
(VII) 1. THE CLERK OF THE COURT SHALL FORWARD TO THE
DEPARTMENT OF HEALTH AND MENTAL HYGIENE A COPY OF EACH CERTIFICATE OF
A QUALIFIED EXPERT FILED UNDER THIS SUBTITLE.
2. IF THE CLAIM IS AGAINST A PHYSICIAN, THE
DEPARTMENT OF HEALTH AND MENTAL HYGIENE SHALL FORWARD A COPY OF EACH
CERTIFICATE OF A QUALIFIED EXPERT FILED UNDER THIS SUBTITLE THAT
CONCERNS THE PHYSICIAN.
[(2)](3) 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 OR THE COURT, AS THE CASE
MAY BE, for good cause shown.
[(3)](4) 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)](5) 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.
(b) Unless the sole issue in the claim is lack of informed consent:
(1) (I) 1. A PARTY SHALL FILE A CERTIFICATE OF A QUALIFIED
EXPERT DESCRIBED IN THIS SUBSECTION FOR EACH DEFENDANT;
(1) (i) 1. 2. Except as provided in subparagraph (ii) of this
paragraph, a claim OR ACTION filed after July 1, 1986, shall be dismissed, without
prejudice, AS TO A DEFENDANT if the claimant OR PLAINTIFF fails to file FOR EACH
THAT DEFENDANT a certificate of a qualified expert [with the Director] attesting to
departure from standards of care, and that the departure from standards of care is
the proximate cause of the alleged injury, within 90 days from the date of the
complaint.;
- 128 -
|