ROBERT L. EHRLICH, JR., Governor . H.B. 2
(III) Upon a determination of those damages at the new trial, no
further objection to damages may be made exclusive of any party's right of appeal.
(5) (4) Except as expressly provided by federal law, no person may
recover from the [claimant] PLAINTIFF or assert a claim of subrogation against a
defendant for any sum included in a remittitur or awarded in a new trial on damages
granted under this subsection.
(6) (5) Nothing in this subsection shall be construed to otherwise limit
the common law grounds for remittitur.
(i) The clerk of the court shall file a copy of the verdict or any other final
disposition CONCERNING A PHYSICIAN with the [Director] STATE BOARD OF
PHYSICIANS.
3-2A-06A.
(f) (1) (I) [If] SUBJECT TO SUBPARAGRAPH (II) OF THIS PARAGRAPH, IF
the parties mutually agree to a neutral case evaluation, the circuit court or United
States District Court, to which the case has been transferred after the waiver of
arbitration, may refer the case to the Health Claims Arbitration Office not later than
6 months after a complaint is filed under subsection (e) of this section.
(II) A CASE MAY NOT BE REFERRED UNDER THIS SECTION TO THE
HEALTH CLAIMS ARBITRATION OFFICE AFTER DECEMBER 31, 2004.
3-2A-06B.
(i) (1) (I) [If] SUBJECT TO SUBPARAGRAPH (II) OF THIS PARAGRAPH, IF
the parties mutually agree to a neutral case evaluation, the circuit court or United
States District Court, to which the case has been transferred after the waiver of
arbitration, may refer the case to the Health Claims Arbitration Office not later than
6 months after a complaint is filed under subsection (e) of this section.
(II) A CASE MAY NOT BE REFERRED UNDER THIS SECTION TO THE
HEALTH CLAIMS ARBITRATION OFFICE AFTER DECEMBER 31, 2004.
3-2A-06C.
(A) (1) IN THIS SECTION THE FOLLOWING WORDS HAVE THE MEANINGS
INDICATED.
(2) "ALTERNATIVE DISPUTE RESOLUTION" MEANS MEDIATION,
NEUTRAL CASE EVALUATION, NEUTRAL FACT-FINDING, OR A SETTLEMENT
CONFERENCE.
(3) "MEDIATION" HAS THE MEANING STATED IN TITLE 17 OF THE
MARYLAND RULES.
(4) "MEDIATOR" MEANS AN INDIVIDUAL WHO CONDUCTS MEDIATION.
(5) "NEUTRAL CASE EVALUATION" HAS THE MEANING STATED IN TITLE
17 OF THE MARYLAND RULES.
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