(a) In this subtitle the following terms have the meanings indicated unless the context of their use requires otherwise. (b) “Arbitration panel” means the arbitrators selected to determine a health care malpractice claim in accordance with this subtitle. (c) “Court” means a circuit court for a county. (d) “Director” means the Director of the Health Care Alternative Dispute Resolution […]
(a) (1) All claims, suits, and actions, including cross claims, third-party claims, and actions under Subtitle 9 of this title, by a person against a health care provider for medical injury allegedly suffered by the person in which damages of more than the limit of the concurrent jurisdiction of the District Court are sought are subject to […]
(a) The Health Care Alternative Dispute Resolution Office is created as a unit in the Executive Department. It is headed by a Director appointed by the Governor with the advice and consent of the Senate. (b) (1) The Director shall receive the salary and may employ the staff provided in the State budget. He shall have the powers […]
(a) There is a Health Claims Arbitration Fund. (b) At the time of the filing of any claim or a response to a claim, the Director shall collect a fee of: (1) $40 for the filing of the claim, including any third–party claim; and (2) $25 for the filing of the response to the claim. (c) (1) The Director shall pay […]
(a) (1) (i) A person having a claim against a health care provider for damage due to a medical injury shall file the claim with the Director and, if the claim is against a physician, the Director shall forward copies of the claim to the State Board of Physicians. (ii) The Director shall cause a copy of the claim […]
(a) (1) Except as provided under paragraph (2) of this subsection, all issues of law shall be referred by the Director to the panel chairman. All issues of fact shall be referred by the Director to the arbitration panel. (2) Where a panel chairman has not been appointed or is temporarily unable to serve, and the Director is […]
(a) A party may reject an award or the assessment of costs under an award for any reason. A notice of rejection must be filed with the Director and the arbitration panel and served on the other parties or their counsel within 30 days after the award is served upon the rejecting party, or, if a […]
(a) At any time before the hearing of a claim with the Health Care Alternative Dispute Resolution Office, the parties may agree mutually to waive arbitration of the claim, and the provisions of this section then shall govern all further proceedings on the claim. (b) (1) The claimant shall file with the Director a written election to waive […]
(a) Arbitration of a claim with the Health Care Alternative Dispute Resolution Office may be waived by the claimant or any defendant in accordance with this section, and the provisions of this section shall govern all further proceedings on any claim for which arbitration has been waived under this section. (b) (1) Subject to the time limitation under […]
(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 […]
(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 […]
(a) If the arbitration panel finds that the conduct of any party in maintaining or defending any action is in bad faith or without substantial justification, the panel may require the offending party, the attorney advising the conduct, or both, to pay to the adverse party the costs of the proceeding and reasonable expenses, including reasonable […]
(a) Evidence of advanced payments made pursuant to § 19-104(b) of the Insurance Article is not admissible in any arbitration or judicial proceeding for damages due to medical injury until there is an award, in the case of arbitration proceedings, or a verdict, in the case of judicial proceedings, in favor of the claimant and against […]
(a) In this section, “costs” means the costs described under Maryland Rule 2-603. (b) This section does not apply to cases dismissed following a settlement. (c) (1) At any time not less than 45 days before the trial begins, a party to an action for a medical injury may serve on the adverse party an offer of judgment to […]
(a) This section applies to an award under § 3-2A-05 of this subtitle or a verdict under § 3-2A-06 of this subtitle for a cause of action arising on or after January 1, 2005. (b) (1) (i) Except as provided in paragraph (2)(ii) of this subsection, an award or verdict under this subtitle for noneconomic damages for a cause […]
Except as otherwise provided in §§ 3-2A-08A and 3-2A-09 of this subtitle, the provisions of this subtitle shall be deemed procedural in nature and may not be construed to create, enlarge, or diminish any cause of action not heretofore existing, except the defense of failure to comply with the procedures required under this subtitle.
