Compliance with the Court (Continued from page 24)


certificate of qualified expert be complete, with an attesting expert report attached, and that dismissal of the claim without prejudice is the appropriate remedy when the claimant fails to attach the report in a timely manner.


Walzer v. Osborne, 395 Md. 563, 567, 911 A.2d 427 (2006). In short, on its face, the court seems to simply be holding that a certificate of qualified expert must have a report attached to be complete. Central to the holding is the court’s observation that Section 3-2A-04(b) (3)(i), provides that “[t]he attorney representing each party, or the party proceeding pro se, shall file the appropriate


certificate with a report of the at- testing expert attached” (emphasis added). Because the plain language of § 3-2A-04(b) (3)(i) is clear, there exists no need to adhere to this maxim or evaluate other sources. It is the Legislature’s use of the words “shall” and “attach” that are dispositive, and demonstrate that the Legislature intended that the certificate of qualified expert consist of both the certificate and the attesting expert report. Black’s Law Dictionary defines “attach” as “[t]o annex, bind or fasten,” BLACK’S LAW DICTIONARY 136 (8th ed. 1999), making clear that the General Assembly intended for the attesting expert report to be a part of the certificate of qualified expert and not for the report and


certificate to constitute two separate and distinct documents.


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Walzer v. Osborne, 395 Md. at 579-580. Unfortunately, the Court of Appeals did not confine its opinion to the stated holding and the rationale behind that holding. Having delved into the legis- latively uncharted waters of certificates of qualified experts and “attached” reports, the Court of Appeals boldly went where the Court of Special Appeals had previously refused to go, attempt- ing to judicially define the contents of a valid expert report, even though the legislature itself had left a vacuum of interpretation. Furthermore, the General Assembly enacted the Statute for purposes of weeding out non-meritorious claims and to reduce the costs of litigation.While it is unclear from the Statute exactly what the expert report should contain, common sense dictates that the Legislature would not require two documents that assert the same information. Furthermore, it is clear from the language of the Statute that the certificate is merely an assertion that the physician failed to meet the standard of care and that his failure to do so was the proximate cause of the patient-plaintiff ’s complaints. It therefore follows that the attesting expert report must explain how the physician failed to meet the standard of care with details sup- porting the certificate of qualified expert. Of additional support is that the ordinary meaning of “report” is “[a] detailed account,” WEBSTER’S II NEW COLLEGE DICTIONARY 962 (3rd ed. 2005), and its ordinary legal definition is “[a] formal oral or written presentation of facts or a recommendation for action.” BLACK’S LAW DICTIONARY 1326 (8th ed. 1999). Accordingly, the ex- pert report should contain at least some additional information and should supplement the Certificate. Requiring an attesting expert to provide details, explaining how or why the defendant doctor allegedly


26 Trial Reporter Fall 2007


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