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Ch. 5 2004 LAWS OF MARYLAND
3-2A-05.
(e) (1) The arbitration panel shall first determine the issue of liability with
respect to a claim referred to it.
(2) If the arbitration panel determines that the health care provider is
not liable to the claimant or claimants the award shall be in favor of the health care
provider.
(3) If the arbitration panel determines that a health care provider is
liable to the claimant or claimants, it shall then consider, itemize, assess, and
apportion appropriate damages against one or more of the health care providers that
it has found to be liable.
(4) [The award shall itemize by category and amount any damages
assessed for incurred medical expenses, rehabilitation costs, and loss of earnings.
Damages assessed for any future expenses, costs, and losses shall be itemized
separately.] THE ARBITRATION PANEL SHALL ITEMIZE EACH AWARD ENTERED ON
OR AFTER JANUARY 1, 2005, TO REFLECT THE MONETARY AMOUNT INTENDED FOR
ANY OF THE FOLLOWING DAMAGES THAT ARE APPLICABLE TO THE CLAIM:
(I) PAST MEDICAL EXPENSES;
(II) FUTURE MEDICAL EXPENSES;
(III) PAST LOSS OF EARNINGS;
(IV) FUTURE LOSS OF EARNINGS;
(V) PAST PECUNIARY LOSSES;
(VI) FUTURE PECUNIARY LOSSES;
(VII) OTHER PAST ECONOMIC DAMAGES;
(VIII) OTHER FUTURE ECONOMIC DAMAGES; AND
(IX) NONECONOMIC DAMAGES.
(g) (1) [The] SUBJECT TO PARAGRAPH (2) OF THIS SUBSECTION, THE
arbitration panel shall make its award and deliver it to the Director in writing within
1 year from the date on which all defendants have been served and within 10 days
after the close of the hearing.
(2) NOTWITHSTANDING ANY OTHER PROVISION OF THIS SUBTITLE, THE
ARBITRATION PANEL SHALL MAKE ITS AWARD AND DELIVER IT TO THE DIRECTOR
ON OR BEFORE JUNE 30, 2005.
(3) (2) The Director shall cause a copy of it to be served on each party
within 15 days of having received it from the arbitration panel.
(h) (1) A party may apply to the arbitration panel to modify or correct an
award as to liability, damages, or costs in accordance with § 3-222 of this [article.]
TITLE.
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