§ 3-2A-02. Claims against health care providers with damages more than required jurisdictional ...
West's Annotated Code of MarylandCourts and Judicial ProceedingsEffective: April 12, 2011
Effective: April 12, 2011
MD Code, Courts and Judicial Proceedings, § 3-2A-02
§ 3-2A-02. Claims against health care providers with damages more than required jurisdictional amount
(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.
(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.
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
Added by Acts 1976, c. 235, § 1, eff. July 1, 1976. Amended by Acts 1981, c. 588, § 1, eff. July 1, 1981; Acts 1986, c. 640, § 1, eff. July 1, 1986; Acts 1987, c. 11, § 1, eff. April 2, 1987; Acts 1987, c. 596, § 1, eff. July 1, 1987; Acts 1990, c. 357, § 1, eff. July 1, 1990; Acts 1993, c. 9, § 1, eff. July 1, 1993; Acts 1998, c. 21, § 1, eff. April 14, 1998; Acts 2004, 1st Sp. Sess., c. 5, § 1, eff. Jan. 11, 2005; Acts 2011, c. 65, § 1, eff. April 12, 2011.
HISTORICAL AND STATUTORY NOTES
Acts 2004, 1st Sp. Sess., c. 5, § 1, redesignated former subsec. (c) as subsec. (c)(1); and added subsec. (c)(2).
Acts 2011, c. 65, § 1, in subsecs. (c)(2)(ii)1 and 2, replaced “item” with ”subsubparagraph” references.
MD Code, Courts and Judicial Proceedings, § 3-2A-02, MD CTS & JUD PRO § 3-2A-02
Current through Chapters 1 to 5 from the 2018 Regular Session of the General Assembly
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