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Elliott v. Scher3/3/1997
tice of action, no matter which party rejects the award. Thus the Rules divide the action to nullify into a two-step process: a "notice of action" followed by a complaint. Rule BY 4 a 2 states in pertinent part:
If the plaintiff filed the notice of action, the [complaint] shall be filed in the court where the notice of action was filed. If the defendant filed the notice of action, the plaintiff may file the [complaint] in any court having venue.
[Citations omitted; brackets in original.]
Resolution
An arbitration panel acting pursuant to the Health Care Malpractice Claims statute is not an administrative agency. Therefore, a party may not appeal an award rendered by a health claims arbitration panel under the rules governing appeals from administrative agency decisions. Section 3-2A-06 of the Courts and Judicial Proceedings Article provides the exclusive appeal process for an aggrieved litigant in a health claims arbitration proceeding. Judge Brynes was absolutely correct. A litigant generally may not supplement the exclusive procedure provided for by the Health Care Malpractice Claims statute by filing a petition for judicial review pursuant to Maryland Rule 7-202.
JUDGMENT OF THE CIRCUIT COURT FOR BALTIMORE CITY AFFIRMED; COSTS TO BE PAID BY APPELLANTS.
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