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§ 3-2A-08. Advanced payments

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-08
§ 3-2A-08. Advanced payments
Evidence of advanced payments not admissible
(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 the person who made the advanced payments. Upon the finding of such an award or verdict, the arbitration panel, or the trier of fact, shall make a finding of total damages, and shall then deduct whatever amounts it finds were paid by or on behalf of the defendants pursuant to § 19-104(b) of the Insurance Article. The net amount, after this deduction, shall be entered as its award or verdict.
Lump sum or period payments of award
(b) If the award or verdict exceeds the amount of advanced payments and the arbitration panel or the court finds that the advanced payments were reasonable, the panel or the court may (1) order that the amount by which the award or verdict exceeds the amount of advanced payments be paid over a period of time consistent with the needs of the claimant, rather than in a lump sum, and (2) authorize, as part of its order, the creation of a trust or other mechanism to assure the periodic payments. The panel or court shall provide to the claimant the option to choose either a lump sum or payments paid over a period of time.
Adjustments to award
(c) If the advanced payment exceeds the liability of the person making it, the arbitration panel or the court on appeal may order such adjustments as justice may require under the award or verdict, including, where appropriate, contribution by other parties found to be liable. In no event shall an advance payment in excess of the liability of the person making it be repayable by the person receiving it.

Credits

Added by Acts 1976, c. 235, § 1, eff. July 1, 1976. Amended by Acts 1977, c. 265, § 1, eff. July 1, 1977; Acts 1997, c. 70, § 4, eff. Oct. 1, 1997.
MD Code, Courts and Judicial Proceedings, § 3-2A-08, MD CTS & JUD PRO § 3-2A-08
Current with all legislation from the 2021 Regular Session of the General Assembly. Some statute sections may be more current, see credits for details.
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