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Session Laws, 2004, Special Session
Volume 802, Page 136   View pdf image
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H.B. 2

VETOES

CLAIMS REPRESENTATIVE FOR EACH DEFENDANT SHALL APPEAR AT ALL
CONFERENCES HELD UNDER THIS SECTION.

(M) A PARTY WHO FAILS TO COMPLY WITH THE PROVISIONS OF SUBSECTION
(H), (K), OR (L) OF THIS SECTION IS SUBJECT TO THE PROVISIONS OF SANCTIONS
PROVIDED IN
MARYLAND RULE 1-3412-433.

(N) (1) IF A CASE IS SETTLED, THE PARTIES SHALL NOTIFY THE COURT
THAT THE CASE HAS BEEN SETTLED.

(2)      IF THE PARTIES AGREE TO SETTLE SOME BUT NOT ALL OF THE
ISSUES IN DISPUTE, THE MEDIATOR, NEUTRAL PROVIDER, OR INDIVIDUAL
CONDUCTING A SETTLEMENT CONFERENCE SHALL FILE A WRITTEN NOTICE OF
PARTIAL SETTLEMENT WITH THE COURT.

(3)      IF THE PARTIES HAVE NOT AGREED TO A SETTLEMENT THE
MEDIATOR, NEUTRAL PROVIDER, OR INDIVIDUAL CONDUCTING A SETTLEMENT
CONFERENCE SHALL FILE A WRITTEN NOTICE WITH THE COURT THAT THE CASE
WAS NOT SETTLED.

(0) UNLESS OTHERWISE AGREED BY THE PARTIES, THE COSTS OF
ALTERNATIVE DISPUTE RESOLUTION SHALL BE DIVIDED EQUALLY BETWEEN THE
PARTIES.

(P) AN INDIVIDUAL WHO CONDUCTS ALTERNATIVE DISPUTE RESOLUTION
SHALL HAVE THE IMMUNITY FROM SUIT DESCRIBED UNDER § 5-615 OF THIS
ARTICLE.

3-2A-06D.

(A)      (1) THIS SECTION APPLIES ONLY TO AN INITIAL COMPLAINT FILED ON
OR AFTER JANUARY 1, 2005, FOR WHICH A CERTIFICATE OF A QUALIFIED EXPERT IS
REQUIRED TO BE FILED IN ACCORDANCE WITH § 3-2A-04 OF THIS SUBTITLE.

(2) THIS SECTION DOES NOT APPLY IF THE DEFENDANT ADMITS
LIABILITY.

(B)      (1) WITHIN 15 DAYS AFTER THE DATE THAT DISCOVERY IS REQUIRED TO
BE COMPLETED, A PARTY SHALL FILE WITH THE COURT A SUPPLEMENTAL
CERTIFICATE OF A QUALIFIED EXPERT, FOR EACH DEFENDANT, THAT ATTESTS TO:

(I)       THE CERTIFYING EXPERT'S BASIS FOR ALLEGING WHAT IS THE
SPECIFIC STANDARD OF CARE;

(II)     THE CERTIFYING EXPERT'S QUALIFICATIONS TO TESTIFY TO
THE SPECIFIC STANDARD OF CARE;

(III)    THE SPECIFIC STANDARD OF CARE;

(IV)    FOR THE PLAINTIFF:

1.        THE SPECIFIC INJURY COMPLAINED OF;

2.        HOW THE SPECIFIC STANDARD OF CARE WAS BREACHED;

- 136 -

 

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Session Laws, 2004, Special Session
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