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Session Laws, 2004, Special Session
Volume 802, Page 29   View pdf image
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ROBERT L. EHRLICH, JR., Governor                                Ch. 5

maintained in bad faith or without substantial justification; requiring the
Director of the Health Claims Arbitration Office or court to report certain
findings and the names of certain attorneys to the Administrative Office of the
Courts; requiring the Administrative Office of the Courts to publish on the
website of the Judiciary a certain list of certain attorneys who have been the
subject of a certain number of findings within a certain period; prohibiting an
attorney from bringing a certain claim or action under certain circumstances;
requiring the appearance of an attorney to be stricken under certain
circumstances; providing that the lack of an appearance by an attorney is not
grounds for a continuance under certain circumstances; requiring a certain
notice;
allowing certain parties in health care malpractice actions to make
certain offers of judgment; establishing procedures relating to offers of
judgment; requiring a party who does not accept an offer of judgment to pay
certain costs if the judgment obtained is not more favorable than the offer of
judgment; altering certain limitations on noneconomic damages for health care
malpractice actions; establishing a certain single limitation on noneconomic
damages for a survival action and a wrongful death action concerning health
care malpractice; prohibiting a jury from being informed of certain limitations
on noneconomic damages; requiring that an award or verdict of economic
damages for a medical injury exclude certain amounts for past medical
expenses; and past or future loss of earnings; requiring that an award or verdict
for past or future loss of earnings shall be limited to a certain percentage;
establishing certain evidentiary presumptions concerning certain economic
damages for a medical injury under certain circumstances;
authorizing a court
to employ a certain neutral expert witness under certain circumstances;
providing for the costs of a certain neutral expert witness; exempting certain
health care providers from civil liability for certain acts or omissions in
providing assistance or medical aid to a victim in a medical facility under certain
circumstances;
altering the number of jurors required for a jury in a civil action;
requiring that proposed expert witnesses in civil actions meet certain criteria;
prohibiting the use of certain expressions of regret or apology as evidence of
liability or as an admission against interest in certain actions and proceedings
under certain circumstances; requiring a hospital or related institution to report
certain occurrences within a certain time to the Department of Health and
Mental Hygiene under certain circumstances; authorizing a hospital or related
institution to report certain occurrences to the Department under certain
circumstances; requiring a hospital or related institution to conduct a certain
analysis of certain occurrences within a certain time and submit the analysis
within a certain time to the Department; establishing a certain penalty for
violations of certain reporting requirements; requiring the Secretary of the
Department to adopt certain regulations; requiring a court to award certain
costs and fees to certain prevailing parties in certain actions relating to
decisions of certain medical review committees under certain circumstances;
altering the standard of proof for certain findings by the State Board of
Physicians; requiring insurers providing professional liability insurance to a
health care provider in the State to submit certain information to the Maryland
Insurance Commissioner; authorizing the Commissioner to require certain
insurers to submit certain reports; requiring the Commissioner to submit a

 

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Session Laws, 2004, Special Session
Volume 802, Page 29   View pdf image
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