|
Gateway to MD Law
Library Catalog
Library Databases
Free Legal Research
MD Law Libraries
MD Code Research
How To Guides
Legal Self Help from the Maryland's Peoples Law Library
Sponsored by
the Maryland State Law Library
|
This resource guide is comprised of selected sources on the Maryland Health
Claims Arbitration Act. The publications listed are all available at the Maryland
State Law Library. This guide is intended to be a starting point for research on this
topic.
PRIMARY SOURCES:
A. Annotated Code of Maryland
Courts & Judicial Proceedings {3-2A-01 thru 3-2A-09}
"Health Care Malpractice Claims"
Insurance { 4-401}
"Reporting Medical Malpractice Claims or Actions"
B. Maryland Rules of Procedure
Rules {15-401 thru 15-403}
"Health Claims Arbitration"
C. Code of Maryland Regulations
COMAR 01.03.01.01 thru .17
"Health Claims Arbitration Office
D. Case Law
St. Paul Fire and Marine Insurance Co. v. Insurance Commission
275 Md. 130, 339 A.2d 291 (1975), Considered the birth of Health Claims Arbitration.
Attorney General v. Johnson, 282 Md. 274, 385 A.2d 57 (1978), Constitutionality
of the Act.
Davison v. Sinai Hospital of Baltimore, 462 F. Supp 778 (1978), Compliance with
this act applicable to actions in federal court.
Oxtoby v. McGowan, 294 Md. 83, 447 A.2d 860 (1982), Application of Act only to
medical injuries occurring on or after effective date July 1, 1976.
Schwartz v. Lilly, 53 Md.App. 318, 452 A.2d 1302 (1982), Initial jurisdiction of
medical malpractice claims exclusively belongs to Health Claims Arbitration Office.
Cannon v. McKen, 296 Md. 27, 459 A.2d 196 (1983), Statute does not apply to
claims for damages in non-professional situations.
Stifler v. Weiner, 62 Md.App. 19, 488 A.2d 192 (1985), Summary disposition of
claim must be made by the entire panel.
Long v. Rothbaum, 68 Md.App 569, 514 A.2d 1223 (1986), Common law claims arising
from professional health care relationships are subject to arbitration.
Smith Labs., Inc. v. Teuscher, 310 Md. 676, 531 A.2d 300 (1987), Arbitration is
not required as a condition of a civil action for a products liability claim.
Chew v. Meyer, 72 Md. App. 132, 527 A.2d 828 (1987), Employee’s loss of job
was not a"medical injury" within this statute.
Ott v. Kaiser Georgetown Health Plan, 309 Md. 641, 526 A.2d 46 (1987), Medical
malpractice claimant, who rejects arbitration award, must file notice of action and
complaint to nullify in same court.
Newman v. Reilly, 314 Md. 364, 550 A.2d 959 (1988), Power of Board to impose
sanctions for conduct before panel.
State of Maryland Central Collection Unit v. Gettes, 321 Md. 671, 584 A.2d 689
(1991), State may collect costs assessed against provider who prevailed on merits in
arbitration.
Jewell v. Malamet, 322 Md. 262, 587 A.2d 474 (1991), Determination of
jurisdiction in cases involving intentional tort lies in factual context in which tort
committed.
Newell v. Richards, 323 Md 717, 594 A.2d 1152 (1991), Limitations of action on"discovery" provision of act.
Weidig v. Crites, 323 Md. 408, 593 A.2d 1094 (1991), Non-health care provider
not required to submit to arbitration.
Mancuso v. Giant Food, Inc., 327 Md. 344, 609 A.2d 332 (1992), Pharmacists are
not"health care providers" subject to this statute.
Reed v. Campagnolo, 332 Md. 226, 630 A.2d 1145 (1993), Wrongful birth and lack
of informed consent.
Adler v. Hyman, 334 Md. 568, 640 A.2d 1100 (1994), Physicians medical
malpractice insurer is"corporate" person and subject to mandatory arbitration.
Carrion v. Linzey, 342 Md. 266, 675 A.2d 527 (1996), Can instruct jury of panel
composition and that panel’s decision need not be unanimous.
Goodwich v. Nolan, 343 Md. 130, 680 A.2d 1040 (1996), Discovery rules applicable
and mandamus relief inappropriate.
Giocochea v. Langworthy, 345 Md. 719, 694 A.2d 474 (1997), Act requires
submission of malpractice claims to arbitration before maintaining tort action in circuit
court.
Lerman v. Heeman, 347 Md. 439, 701 A.2d 426 (1997), Physicians posttrial motion
for contribution not subject to mandatory arbitration.
SECONDARY SOURCES:
A. Maryland Attorney General Opinions
61 Op. Att’y Gen. 175 (1976), Mandatory arbitration system for all medical
malpractice claims created in this Act is legally sufficient and constitutional.
67 Op. Att’y Gen. 7 (1982), Out-of-state lawyers, not admitted to practice in
Maryland, may not be admitted pro-hac vice as counsel in arbitration of a health care
malpractice claim.
B. Commissions and Task Forces
Medical Malpractice Insurance Study Committee Report to the President of the Senate
and the Speaker of the House: January 6, 1976. Martin S. Becker, Chair. Md Y3.Ma
25:2/B/ 1976
Legislative Bill File"Medical Malpractice Claims Arbitration, SB 436 (1976):
Reports, Testimony, Correspondence, Etc." Md. Y3
Final Report of the Medical Malpractice Task Force: January 1983. Harry J.
McGuirk, Chair. Md Y3.Ma 25:2/M/1983
Report and Minutes of the Governor’s Commission for Health Care Providers
Professional Liability Insurance. George W. Liebmann, Chair. Md Y3.He
44:2/L/1983-84.
Report of the Joint Executive Legislative Task Force on Medical Malpractice
Insurance. James Macgill, Chair. Md Y3.Ma 27:2/M/1985
Limitation on non-economic damages in personal injury actions: partial Committee
Bill File : SB 558, Chapter 639, Laws of Maryland 1986: Court and Judicial Proceedings
Article, Sec. 11-108 thru 11-109. 1985-1986.
Md. Y3.Da 15:2/C/1986
C. Treatises
Health Claims - Helpful Hints. Baltimore, MD: Maryland Trial
Lawyers Association, 1981. KFM 1396.5 .M25 H43
Management Analysis Study of the Health Claims Arbitration Office and Selected
Aspects of the Arbitration Process. Annapolis: Md.: Dept. Of Budget and Fiscal
Analysis, Division of Management Analysis and Audits, 1984. Md. Bu 3.2:HCA/1984.
Maryland Health Claims Arbitration Decisions and Materials.
Rockville, MD: HCA Decisions and Materials, 1983-1989. .
KFM 1399.M34 M37
Medical Malpractice (audio tape). Baltimore, MD: MICPEL, 1992.
AV Room KFM 1399 .M48 1992
Medical Malpractice in Maryland. Paul D. Bekman and Catherine W. Steiner. Eau
Claire, WI : National Business Institute, 1994. KFM 1396.2 .B44 1994
The Medical Malpracice Law of Maryland, 2nd ed. Marcus Z. Shar and David
E. Manoogian. Baltimore, MD: MICPEL, 1992. KFM 1399 .M48 S53 1992
Medical Malpractice : The New Realities in Today’s Marketplace. J. John
Spinella. Riderwood, MD : Medical Mutual Liability Insurance Society of Maryland, 1987. LLD#89
KF 1220.M2S75 1987
Modeling the Process of Medical Malpractice Claims Resolution in a State that
Utilizes Pretrial Screening Panels. Laura L. Morlock, Richard G. Frank and Faye E.
Malitz. Baltimore, MD : Johns Hopkins University, 1988. LLD#106 KFM1560 .M86
Nonbinding Arbitration of Medical Malpractice Claims : A Decade of Experience
with Pretrial Screening Panels in Maryland. Laura L. Morlock and Faye E. Malitz.
Baltimore, MD : Johns Hopkins University, 1989. LLD#106 KFM 1560 .M862
Presenting a Case Before Health Claims Arbitration Panel: Seminar. Baltimore,
MD; Maryland Trial Lawyers Association, 1981.
KFM 1396.3 .M25 P93
Resolution of Health Related Malpractice Claims in Maryland. Sharon R. Haymaker.
Ann Arbor, MI : University Microfilms, 1986.
KFM 1393.5 .M25 H39 1984
Selected Issues in Medical Malpractice 1992. Baltimore, MD:MICPEL, 1992. KFM
1399 .M48 1992
Statute of Limitations and Medical Malpractice Tort Reform. Roy L. Mason.
Baltimore, MD : MICPEL, 1987.
KFM 1399 .M34 M4 1987
Torts, Damages and Medical Malpractice Reform. Robert R. Michael, et al..
Baltimore, MD : MICPEL, 1986. KFM 1399 .M48 M62 1986
D. Legal Periodical / Newspaper Articles
"Medical Malpractice and the Maryland Legislature". Harry J. McGuirk and F.
Thomas Rafferty. 6 University of Maryland Law Forum 9 (1976).
"Symposium : The Medical Malpractice Crisis". 36 Maryland Law Review 3
(1977).
"The Constitutionality of Medical Malpractice Mediation Panels: A Maryland
Perspective". Mathew Zimmerman. 9 University of Baltimore Law Review 75
(1979).
"The Health Care Malpractice Claims Statute: Maryland’s Response to the
Medical Malpractice Crisis". Kevin G. Quinn. 10 University of Baltimore Law Review
74 (1980)
"Health Claims Arbitration: Will it work?". John F. King and George W.
Shadoan. 14 Maryland Bar Journal 4 (February, 1981).
"Health Claims Arbitration - The View From the Panel Chair". William I.
Weston. 14 Maryland Bar Journal 6 (June, 1981).
"Maryland Health Claims Arbitration System, as viewed by Delegate Joseph E. Owens,
Walter Tabler and Marvin Ellin". Eileen Ursic. 12 University of Baltimore Law
Forum 14 (Winter, 1981-1982).
"A Finger in the Dike of the Health Claims Arbitration Act". Daily Record
, p. 4. (July 10, 1984).
"Health Claims Arbitration in Maryland: The Experiment has Failed". James
Kevin MacAlister and Alfred L. Scanlan, Jr..
14 University of Baltimore Law Review 481 (1985)
"What the Special Appeals Court Giveth, The Legislature Sometimes Taketh Away
(Stifler v. Weiner Case on Health Claims Arbitration Process)". Daily Record,
p. 4 (April 25, 1985).
"Non-Economic Damages Cap, Arbitration Changes Proposed - Task Force Report".
Daily Record, p. 1 (November 19, 1985).
"Blasting the Cap: Constitutional Issues Arising from Maryland’s Limitation
of Non-Economic Damages in Personal Injury Claims". James R. Andersen. 16 University
of Baltimore Law Review 327 (1987)
"From Legislature to Litigation: The Real Medical Malpractice Crisis". Patti
G. Zimmerman. 18 University of Baltimore Law Forum 22 (Fall, 1987)
"Judicial Review of Health Claims Arbitration Awards: Practice and Pitfalls".
Timothy L. Mullin, Jr.. 17 University of Baltimore Law Review 433 (1988)
"Medical Malpractice Dispute Resolution in Maryland". Sandra S. Thurston. 1 Courts,
Health Science and the Law 81 (July, 1990).
"Jones v. Speed: Redefining Medical Injury in Medical Malpractice Claims?"
Judith C. Ensor. 2 Maryland Journal of Contemporary Legal Issues 1 (1991).
"Recent Developments - Maryland General Assembly - Delegates Deliver a Deathblow
to Maryland’s Health Claims Arbitration System". Terry L. Trimble. 55 Maryland
Law Review 893 (1996).
E.Maryland Law Encyclopedia (MLE)
18 Maryland Law Encyclopedia
"Physician and Surgeons" Secs. 31.5-34
FINDING AIDS / INDEX ENTRIES
A. Maryland Digest 2d (Index to Appellate Court Cases)
Topic:"Arbitration"
"Physicians and Surgeons" Secs. 16, 17.5, 18.1, 18.130
B. Online Catalog (MOLLIE)
- LC Subject Headings:
- Arbitration and award - Maryland
- Insurance, Physicians’ liability - Maryland
- Malpractice - Maryland
- Medical personnel - Malpractice - Maryland
- Physicians - Malpractice - Maryland
C. Legal Trac (CD-Rom Periodical Index)
- Subject Search Terms:
- Malpractice - Mediation and arbitration
- Medical personnel - Malpractice
- Physicians - Malpractice
D. Internet Sites
http://www.op.state.md.us/hcao/
Maryland Health Claims Arbitration Office
LEGISLATION CREATING AND AMENDING
THE MARYLAND HEALTH CLAIMS ARBITRATION ACT
1976
- Created Health Claims Arbitration Office (hereafter referred to as HCAO). SB 436,
Ch.235.
1979
- Changing the time period which a party must object to the inclusion of an arbitrator on
the list that is submitted in a health care malpractice claim proceeding; and changing the
time which a party may strike from the list unacceptable names of arbitrators. HB 384, Ch.
332.
- Extending to 20 days the time which the Director of HCAO is required to submit to the
parties list of arbitraton panel candidates a copy of the provisions of the code relating
to judicial review of Health Care Malpractice Claims decisions. HB 444, Ch. 549.
- Providing that a party who rejects an award made by an arbitraion panel of a health care
malpractice claim shall file a notice of that rejection with the Director a copy of the
action instituted in court to nullify the award; it is required that the Clerk of the
Court file with the Director of the HCAO a copy of the verdict in the case. HB 386, Ch.
156.
1980
- Providing that in the absence of malice or bad faith, members of the HCA panel are
immune from suit for acts and decisions made within the scope and during the tenure of
their authority. HB 1085, Ch. 439.
1981
- Provides that discovery proceedings in a health care malpractice claim be completed
within 270 days from the date which all defendants have been served and that with regard
to other matters relating to discovery the provisions of the Maryland Rules Chapter 400
apply; requires an arbitration panel to make and deliver its award within 1 year from the
date which all defendants have been served; authorizes the director or panel chairman to
alter the discovery on report time limitations; limits the application of the Act to
claims after July 1, 1981. SB 604, Ch. 552.
- Grants additional powers to the Director of the HCAO; amends certain provisions
pertaining to the appointment of an arbitration panel and procedural provisions for an
action brought under the Health Care Malpractice Act; allows for the collection of legal
fees without prior approval of the arbitration panel or court, except if the fee is
in dispute. SB 985, Ch. 588.
- 1985
- Requiring that all issues of law be referred by the Director of the HCAO to the
arbitration panel chairman and that all issues of fact be referred by the Director to the
arbitration panel; and allowing the Director to rule on issues of law when a panel
chairman has not been appointed. SB 866, Ch. 104
- 1986
- Altering the jurisdiction to exclude District Court action and eligibility requirements
for members of the panels: requiring the filing of a certificate of a qualified expert
within 90 days from date of complaint and providing for the admissibility of health care
provider and hospital records as evidence. SB 559, Ch.640.
- Adding 2 consumer members to the Commission on Medical Discipline; requiring hospitals
and medical societies to report complaints against physicians to the Commission; providing
civil immunity to persons who report; requiring hospitals to establish a credentialing
process for physicians and a risk management program. SB 560, CH. 642
- 1987
- Permitting a modification or remittitur in medical injury awards under designated
circumstances; providing for the admissibility in a judicial proceeding of an unmodified
arbitration award for a medical injury under specified circumstances; prohibiting
specified claims of subrogation; requiring the Insurance Commissioner to adopt rules and
regulations relating to insurer security procedures under conditions; creating a Tort and
Insurance Reform Oversight Committee. HB 1593, Ch. 596.
- Repealing a provision that requires jury commissioners to send specified jury lists to
the Director of the HCAO periodically; authorizing a jury commissioner or a clerk of a
court to make current jury lists available to the Director upon request. HB 461, Ch.666.
- 1988
- Extending from one to two years the time period within which the biographical statements
of persons on specified health claims arbitration lists must have been updated prior to
delivery. SB 147, Ch. 26.
- Establishing the retroactive effect of specified provisions of law relating to waiver of
arbitration proceedings under the Health CareMalpractice Claims Act regardless of when the
claim rose. HB 944, Ch. 97.
- Creating a State Board of Physician Quality Assurance: requiring the Board to perform a
preliminary investigation of allegations of grounds for medical discipline;
authorizing the Board to take appropriate and immediate action as necessary;
requiring that the Board refer specified cases to the Medical and Chirurgical Faculty;
requiring the Board to suspend or revoke a license if the licensee is convicted or pleads
guilty or nolo contendere to a crime of moral turpitude. SB 508, Ch.109.
- Requiring the Director of the HCAO to forward to the Commission on Medical Discipline,
or its successor, copies of specified certificates of qualified experts filed with the
Director; and clarifying when the Director is required to forward copies of a claim to the
Commission on Medical Discipline, or its successor, and the Medical and Chirurgical
Faculty of Maryland. SB 305, Ch. 138.
- Authorizing the Director of the HCAO to require the attendance of an appropriate
alternate arbitration panel member at arbitration proceedings. SB 538, Ch. 150.
- Requiring the State Board of Medical Examiners to mail a blank Health Claims Arbitration
Panel Data Sheet to a licensed physician with a license renewal notice. SB 602, Ch. 153.
- Requiring that a copy of an action to nullify an award by a health claims arbitration
panel be forwarded to the Commission on Medical Discipline of Maryland or its successor by
the clerk of the court in which the action is filed. HB 27, Ch. 160.
- Requiring claimants and defendants to serve certificates of qualified experts on all
other parties to the claim or their attorneys of record; specifying that the deadline for
defendants to file and serve such certificates runs from the date of service by claimants;
authorizing discretion in the making of specified strikes; eliminating the applicability
of a specified transcript provision; specifying the circumstances for the filing of a copy
of an award with the circuit court. SB 304, Ch.291.
-
- 1989
- Making dismissal, without prejudice, of a claim filed in the HCAO on or after July 1,
1989 discretionary if the claimant fails to file a certificate of a qualified expert;
establishing that adjudication of such a claim filed in favor of a claimant on the issue
of liability is discretionary without a certificate of a qualified expert; requiring that
an extension of time for filing that certificate be granted for good ause shown. HB 776,
Ch. 688.
- 1990
- Altering the definition of health care provider relating to health claims arbitration to
include psychologists and licensed certified social workers. HB 764, Ch. 357.
- Consolidating provisions of law that concern specified immunities from liability,
limitations on liability, and prohibited actions. HB 206, Ch. 546.
-
- 1991
Allowing any party to reject an assessment of costs under an award made by a health
care malpractice claim arbitration panel; specifying the procedures to reject an
assessment of costs under an award providing that the Director of the HCAO need not be
named as a party to an action to reject an or the assessment of costs under an award; and
requiring a court to reassess arbitration costs if the court vacates an assessment of
those costs. HB 1147, Ch. 25.
- 1993
- Creating a new subtitle governing small employer group health plans; establishing health
insurance reforms including adjusted community rating, guaranteed issue of health benefit
plans, limitation of preexisting condition provisions, and plan portability;
establishing enrollment procedures; imposing specified requirements on plan carriers;
creating the Maryland Health Care Access and Cost Commission and the Advisory Committee on
Practice Parameters; specifying a comprehensive standard health benefit plan. HB 1359,Ch.
9.
- Establishing the Health Claims Arbitration Fund; providing that the Fund shall consist
of specified filing fees and be used to pay the fees of health claims arbitrators;
requiring the Director of the HCAO to administer the Fund and to make a specified payment
to the State Comptroller; requiring specified parties to make a reimbursement to the Fund;
providing for the status of the Fund and the disposition of unspent portions of the Fund.
HB 1411, Ch. 385.
- 1995
- Providing that a claimant or any defendant may waive arbitration of a claim before the
HCAO under certain circumstances; providing for certain procedures to waive arbitration of
a health care malpractice claim. HB 1049, Ch. 582.
8-26-98
Updated: June 23, 2008
|
