ROBERT L. EHRLICH, JR., Governor                                Ch. 5

1.       HOW THE DEFENDANT COMPLIED WITH THE SPECIFIC
STANDARD OF CARE;

2.       WHAT THE DEFENDANT DID TO MEET THE SPECIFIC
STANDARD OF CARE; AND

3.       IF APPLICABLE, THAT THE BREACH OF THE STANDARD OF
CARE DID NOT PROXIMATELY CAUSE THE PLAINTIFF'S INJURY.

(2)      AN EXTENSION OF THE TIME ALLOWED FOR FILING A
SUPPLEMENTAL CERTIFICATE UNDER THIS SECTION SHALL BE GRANTED FOR GOOD
CAUSE SHOWN.

(3)      THE FACTS REQUIRED TO BE INCLUDED IN THE SUPPLEMENTAL
CERTIFICATE OF A QUALIFIED EXPERT SHALL BE CONSIDERED NECESSARY TO
SHOW ENTITLEMENT TO RELIEF SOUGHT BY A PLAINTIFF OR TO RAISE A DEFENSE
BY A DEFENDANT.

(C)     SUBJECT TO THE PROVISIONS OF THIS SECTION:

(1)      IF A PLAINTIFF FAILS TO FILE A SUPPLEMENTAL CERTIFICATE OF A
QUALIFIED EXPERT FOR A DEFENDANT, ON MOTION OF THE DEFENDANT THE COURT
SHALL MAY DISMISS, WITH WITHOUT PREJUDICE, THE ACTION AS TO THAT
DEFENDANT; OR

(2)      IF THE DEFENDANT FAILS TO FILE A SUPPLEMENTAL CERTIFICATE
OF A QUALIFIED EXPERT, ON MOTION OF THE PLAINTIFF THE COURT SHALL MAY
ADJUDICATE IN FAVOR OF THE PLAINTIFF ON THE ISSUE OF LIABILITY AS TO THAT
DEFENDANT.

(D)     (1) THE MARYLAND RULES APPLY TO FILING AND SERVING A COPY OF A
CERTIFICATE REQUIRED UNDER THIS SECTION AND IN MOTIONS RELATING TO A
VIOLATION OF THIS SECTION.

(2) NOTHING CONTAINED IN THIS SECTION PROHIBITS OR LIMITS A
PARTY FROM MOVING FOR SUMMARY JUDGMENT IN ACCORDANCE WITH THE
MARYLAND RULES.

(E)     FOR PURPOSES OF THE CERTIFICATION REQUIREMENTS OF THIS
SECTION:

(1)      A PARTY MAY NOT SERVE AS A PARTY'S EXPERT; AND

(2)      THE CERTIFICATE MAY NOT BE SIGNED BY:

(I)      A PARTY;

(II)     AN EMPLOYEE OR PARTNER OF A PARTY; OR

(III)   AN EMPLOYEE OR STOCKHOLDER OF ANY PROFESSIONAL
CORPORATION OF WHICH THE PARTY IS A STOCKHOLDER.

- 47 -