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Statutes Text

Article - Courts and Judicial Proceedings




§3–2A–02.

    (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 and shall be governed by the provisions of this subtitle.

        (2)    An action or suit of that type may not be brought or pursued in any court of this State except in accordance with this subtitle.

        (3)    Except for the procedures stated in § 3-2A-06(f) of this subtitle, an action within the concurrent jurisdiction of the District Court is not subject to the provisions of this subtitle.

    (b)    A claim filed under this subtitle and an initial pleading filed in any subsequent action may not contain a statement of the amount of damages sought other than that they are more than a required jurisdictional amount.

    (c)    (1)    In any action for damages filed under this subtitle, the health care provider is not liable for the payment of damages unless it is established that the care given by the health care provider is not in accordance with the standards of practice among members of the same health care profession with similar training and experience situated in the same or similar communities at the time of the alleged act giving rise to the cause of action.

        (2)    (i)    This paragraph applies to a claim or action filed on or after January 1, 2005.

            (ii)    1.    In addition to any other qualifications, a health care provider who attests in a certificate of a qualified expert or testifies in relation to a proceeding before a panel or court concerning a defendant’s compliance with or departure from standards of care:

                A.    Shall have had clinical experience, provided consultation relating to clinical practice, or taught medicine in the defendant’s specialty or a related field of health care, or in the field of health care in which the defendant provided care or treatment to the plaintiff, within 5 years of the date of the alleged act or omission giving rise to the cause of action; and

                B.    Except as provided in subsubparagraph 2 of this subparagraph, if the defendant is board certified in a specialty, shall be board certified in the same or a related specialty as the defendant.

                2.    Subsubparagraph 1B of this subparagraph does not apply if:

                A.    The defendant was providing care or treatment to the plaintiff unrelated to the area in which the defendant is board certified; or

                B.    The health care provider taught medicine in the defendant’s specialty or a related field of health care.

    (d)    Except as otherwise provided, the Maryland Rules shall apply to all practice and procedure issues arising under this subtitle.