2018 Maryland Code
Courts and Judicial Proceedings
Title 3 - Courts of General Jurisdiction -- Jurisdiction/special Causes of Action
Subtitle 2A - Health Care Malpractice Claims
§ 3-2A-06D. Supplemental certificate of qualified experts
(a) Applicability of section. --
(1) This section applies only to an initial complaint filed on or after January 1, 2005, for which a certificate of a qualified expert is required to be filed in accordance with ยง 3-2A-04 of this subtitle.
(2) This section does not apply if the defendant admits liability.
(b) In general. --
(1) Within 15 days after the date that discovery is required to be completed, a party shall file with the court a supplemental certificate of a qualified expert, for each defendant, that attests to:
(i) The certifying expert's basis for alleging what is the specific standard of care;
(ii) The certifying expert's qualifications to testify to the specific standard of care;
(iii) The specific standard of care;
(iv) For the plaintiff:
1. The specific injury complained of;
2. How the specific standard of care was breached;
3. What specifically the defendant should have done to meet the specific standard of care; and
4. The inference that the breach of the standard of care proximately caused the plaintiff's injury; and
(v) For the defendant:
1. How the defendant complied with the specific standard of care;
2. What the defendant did to meet the specific standard of care; and
3. If applicable, that the breach of the standard of care did not proximately cause the plaintiff's injury.
(2) An extension of the time allowed for filing a supplemental certificate under this section shall be granted for good cause shown.
(3) The facts required to be included in the supplemental certificate of a qualified expert shall be considered necessary to show entitlement to relief sought by a plaintiff or to raise a defense by a defendant.
(c) Failure to file. -- Subject to the provisions of this section:
(1) If a plaintiff fails to file a supplemental certificate of a qualified expert for a defendant, on motion of the defendant the court may dismiss, without prejudice, the action as to that defendant; or
(2) If the defendant fails to file a supplemental certificate of a qualified expert, on motion of the plaintiff the court may adjudicate in favor of the plaintiff on the issue of liability as to that defendant.
(d) Applicability of Maryland Rules. --
(1) The Maryland Rules apply to filing and serving a copy of a certificate required under this section and in motions relating to a violation of this section.
(2) Nothing contained in this section prohibits or limits a party from moving for summary judgment in accordance with the Maryland Rules.
(e) Certification requirements. -- For purposes of the certification requirements of this section:
(1) A party may not serve as a party's expert; and
(2) The certificate may not be signed by:
(i) A party;
(ii) An employee or partner of a party; or
(iii) An employee or stockholder of any professional corporation of which the party is a stockholder.
(f) Copies to Maryland Department of Health; use by Department. --
(1) The clerk of the court shall forward to the Maryland Department of Health copies of the certificates filed under this section.
(2) In the case of a complaint against a physician, the Maryland Department of Health shall forward to the State Board of Physicians copies of the supplemental certificate of a qualified expert filed under this section.