the court to approve the late filing under the statute.
If the Statement of Claim Has Been Filed More Than 180 Days Ago, and the Statute of Limitations Has Run
The only recourse is to file a mo-
tion requesting an extension of time, based upon the “good cause” extension provisions in §§ 3-2A-04(b)(5) and 3- 2A-05(j). See D(3) above.
Where the Claim Has Been Dismissed Without Prejudice
The remedy is to file a new statement
of claim with HCADRO and, if waiver of arbitration is desired, a new civil action, under Md. Cts. & Jud. Proc. Code Ann. § 5-118. The claim may only be against the same party or parties. It must be filed on or before the later of (1) the expiration of the statute of limitations, (2) 60 days from the date of the dismissal, or (3) August 1, 2007, if the action or claim was dismissed on or after November 17, 2006 (i.e. the date of the Walzer opinion), but before June 1, 2007. n
About the Author
Jonathan Scott Smith graduated magna cum laude from the University of Bal- timore School of Law in 1979. He was Intramural Moot Court Champion and served as an editor of the University of Baltimore Law Review. Mr. Smith is an AV-rated attorney with over 25 years of trial experience. A past president of the Hon. James Macgill American Inn of Court, he currently serves as chair of the Maryland Trial Lawyers Association Nursing Home Section. His practice includes medical negligence, including nursing home claims and general per- sonal injury law.
[Insert Caption from Statement of Claim] Certificate of Qualified Expert
I hereby certify and attest as follows: 1.
[state]. 2.
I am licensed to practice [e.g. medicine, nursing, etc] in the State of I have reviewed medical records relating to [plaintiff ’s name](“the
Patient”). Based upon my review, it is my opinion within a reasonable degree of medical probability, that [health care provider](“the Health Care Provider”) departed from the applicable standard(s) of care in the care and treatment of the Patient. It is also my opinion within a reasonable degree of medical probability, that the departure from the applicable standard(s) of care was the proximate cause of injury to the Patient.
3. 4.
Attached is a brief statement of my opinion. I have had clinical experience, provided consultation relating to clinical
practice, and/or taught medicine in the field of [defendant’s specialty or field of health care], or a related field of health care, or in the field of health care in which the Health Care Provider provided care and treatment to the Patient, within 5 years of the date of the alleged acts and/or omissions giving rise to this cause of action.
5. I am board certified in [defendant’s specialty] or a related specialty, and/or
have taught medicine in that specialty or a related field of health care. 6.
I do not devote annually more than 20 percent of my professional activi- ties to activities that directly involve testimony in personal injury claims.
______________________________ [Name] [Address]
Harry A. Milman, Ph.D.
ToxNetwork.com
Consulting in Toxicology, Carcinogenesis, Pharmacology, and Pharmacy Standard of Care
14317 Bauer Drive Rockville, MD 20853
www.toxnetwork.com
Summer 2007 Trial Reporter
Phone: 301-871-6715 Fax:
301-871-5586 e-mail:
hmilman@toxnetwork.com 21
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