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§ 3-2A-01. Definitions

West's Annotated Code of MarylandCourts and Judicial Proceedings

West's Annotated Code of Maryland
Courts and Judicial Proceedings
Title 3. Courts of General Jurisdiction--Jurisdiction/Special Causes of Action (Refs & Annos)
Subtitle 2a. Health Care Malpractice Claims (Refs & Annos)
MD Code, Courts and Judicial Proceedings, § 3-2A-01
§ 3-2A-01. Definitions
In general
(a) In this subtitle the following terms have the meanings indicated unless the context of their use requires otherwise.
Arbitration panel
(b) “Arbitration panel” means the arbitrators selected to determine a health care malpractice claim in accordance with this subtitle.
Court
(c) “Court” means a circuit court for a county.
Director
(d) “Director” means the Director of the Health Care Alternative Dispute Resolution Office.
Economic damages
(e) “Economic damages” retains its judicially determined meaning.
Health care provider
(f)(1) “Health care provider” means a hospital, a related institution as defined in § 19-301 of the Health--General Article, a medical day care center, a hospice care program, an assisted living program, a freestanding ambulatory care facility as defined in § 19-3B-01 of the Health--General Article, a physician, an osteopath, an optometrist, a chiropractor, a registered or licensed practical nurse, a dentist, a podiatrist, a psychologist, a licensed certified social worker- clinical, and a physical therapist, licensed or authorized to provide one or more health care services in Maryland.
(2) “Health care provider” does not include any nursing institution conducted by and for those who rely upon treatment by spiritual means through prayer alone in accordance with the tenets and practices of a recognized church or religious denomination.
Medical injury
(g) “Medical injury” means injury arising or resulting from the rendering or failure to render health care.
Noneconomic damages
(h) “Noneconomic damages” means:
(1) In a claim for personal injury, pain, suffering, inconvenience, physical impairment, disfigurement, loss of consortium, or other nonpecuniary injury; or
(2) In a claim for wrongful death, mental anguish, emotional pain and suffering, loss of society, companionship, comfort, protection, care, marital care, parental care, filial care, attention, advice, counsel, training, guidance, or education, or other noneconomic damages authorized under Subtitle 9 of this title.

Credits

Added by Acts 1976, c. 235, § 1, eff. July 1, 1976. Amended by Acts 1982, c. 770, § 4, eff. July 1, 1982; Acts 1982, c. 820, § 3, eff. Jan. 1, 1983; Acts 1990, c. 357, § 1, eff. July 1, 1990; Acts 1998, c. 698, § 1, eff. Oct. 1, 1998; Acts 2000, c. 131, § 1, eff. Oct. 1, 2000; Acts 2003, c. 371, § 1, eff. July 1, 2003; Acts 2004, 1st Sp. Sess., c. 5, § 1, eff. Jan. 11, 2005; Acts 2004, 1st Sp. Sess., c. 5, § 5, eff. Jan. 11, 2005.

Editors' Notes

HISTORICAL AND STATUTORY NOTES
2000 Legislation
Acts 2000, c. 131, repealed and reenacted subsec. (e) without amendment.
Acts 2000, c. 131, § 2, provides:
“SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall be construed only prospectively and may not be applied or interpreted to have any effect on or application to any case filed before the effective date of this Act.”
2003 Legislation
Acts 2003, c. 371, § 1, repealed and reenacted subsecs. (a) and (e) without amendment.
2004 Legislation
Acts 2004, 1st Sp. Sess., c. 5, § 1, inserted subsec. (e), defining “economic damages”; redesignated former subsecs. (e) and (f) as subsecs. (f) and (g), respectively; rewrote former subsec. (e), now subsec. (f); and added subsec. (h), defining “economic damages”. Prior to amendment, former subsec. (e) read:
“(e) ‘Health care provider’ means a hospital, a related institution as defined in § 19-301 of the Health - General Article, a physician, an osteopath, an optometrist, a chiropractor, a registered or licensed practical nurse, a dentist, a podiatrist, a psychologist, a licensed certified social worker-clinical, and a physical therapist, licensed or authorized to provide one or more health care services in Maryland. ‘Health care provider’ does not mean any nursing institution conducted by and for those who rely upon treatment by spiritual means through prayer alone in accordance with the tenets and practices of a recognized church or religious denomination.”
Acts 2004, 1st Sp. Sess., c. 5, § 3, provides:
“SECTION 3. AND BE IT FURTHER ENACTED, That §§ 3-2A-01, 3-2A-05(h), and 5-615 of the Courts Article and § 1-401 of the Health Occupations Article, as enacted by Section 1 of this Act, shall be construed to apply only prospectively and may not be applied or interpreted to have any effect on or application to any cause of action arising before the effective date of this Act.”
Acts 2004, 1st Sp. Sess., c. 5, § 5, renamed the Health Claims Arbitration Office as the Health Care Alternative Dispute Resolution Office.
2005 Legislation
Acts 2005, c. 25, § 1, amended Acts 2004, 1st Sp. Sess., c. 5, § 3, to read:
“SECTION 3. AND BE IT FURTHER ENACTED, That §§ 3-2A-01, 3-2A-05(h), and 5-615 of the Courts Article, as enacted by Section 1 of this Act, shall be construed to apply only prospectively and may not be applied or interpreted to have any effect on or application to any cause of action arising before the effective date of this Act.”
MD Code, Courts and Judicial Proceedings, § 3-2A-01, MD CTS & JUD PRO § 3-2A-01
Current through all legislation from the 2017 Regular Session of the General Assembly
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