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Elliott v. Scher3/3/1997
Opinion by Cathell, J.
Appellants, Letitia and Shedrick Elliott, appeal from the dismissal of their petition for judicial review of a decision by a Health Claims Arbitration Panel by the Circuit Court for Baltimore City (Byrnes, J., presiding). We shall affirm the trial court's dismissal.
The Facts
This case concerns the relationship between the Health Care Malpractice Claims statute, Md. Code (1974, 1995 Repl. Vol.), §§ 3-2A-01 to 3-2A-09 of the Courts and Judicial Proceedings Article (CJ), and the Maryland Rules regarding judicial review of an administrative agency's decisions, Maryland Rules 7-201 to 7-210. The Health Care Malpractice Claims statute requires that "all claims, suits, and actions . . . by a person against a health care provider for medical injury allegedly suffered by the person in which damages of more than the limit of the concurrent jurisdiction of the District Court are sought" be heard by an arbitration panel. CJ § 3-2A-02. The parties may agree to waive arbitration of the claim and proceed directly to the circuit court. See CJ § 3-2A-06A.
In the case sub judice, appellants, alleging that Richard Bass, M.D., made an incorrect diagnosis and was negligent, filed a claim against Dr. Bass and Scher, Muher, Lowen, Bass, Quartner, P.A., appellees, with the Director of the Health Claims Arbitration Office. Prior to the arbitration proceeding, appellants conducted discovery by way of interrogatories. Due to appellees' incomplete answers, appellants moved for a default judgment at numerous times during the proceedings. The arbitration panel chairperson denied appellants' motions for a default judgment.
The arbitration hearing was held from October 30, 1995 to November 2, 1995. The panel ruled in favor of appellees. On November 21, 1995, appellants filed a Notice of Rejection and Action to Nullify. This case, case number 95325033/CL204831, is apparently pending in the circuit court and is in no way involved in this appeal. In addition, appellants filed a separate case, i.e., a petition for judicial review of the decision of the arbitration panel, pursuant to Maryland Rule 7-202, which regulates appeals from administrative agencies; only this last case and petition is at issue in this appeal. Appellants brought this separate action averring procedural irregularities before the panel -- i.e., the panel abused its discretion in declining to grant a default judgment to appellants based upon appellees' repeated discovery abuses.
A hearing on appellants' petition for judicial review of the decision of the arbitration panel was held on April 26, 1996. After hearing from appellants' counsel only, Judge Byrnes dismissed appellants' petition. Judge Byrnes stated:
I appreciate the passion and the eloquence with which you place this matter before me. And were it standing in isolation, it would be a very interesting issue, but I think the result would probably be the same which is that you would be required to follow the statutory scheme for health claims which is to go before this Court on behalf of your client and seek health claim relief.
You have already done that and that is where the statute tells you you must find your relief. I can't give it to you independently of the . . . statutory authority. And that's really what you seek.
The question you're presenting is where is . . . that issue joined. Is it joined in a separate proceeding which could in some fashion conflict with what we'll call the main proceeding, or should it be resolved within the main proceeding. And I have little doubt -- I have some little doubt, but not big enough doubt to conclude as I've said that this must be dismis
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