 |
 |
to fill out a simple form to connect to Personal Injury Lawyers in your area.
|
|
|
|
|
Goicochea v. Langworthy6/6/1997
ewell v. Malamet, supra, 322 Md. at 276, 587 A.2d at 481. Where, however, a claim is dismissed by the HCAO because the plaintiff failed to follow the mandatory requirements of the Act, this Court has held that the plaintiff may not maintain a subsequent civil malpractice action against the health care provider in the circuit court. See, e.g., Wyndham v. Haines, 305 Md. 269, 273-274, 503 A.2d 719, 722 (1986); Tranen v. Aziz, supra, 304 Md. at 612-614, 500 A.2d at 639-640; Bailey v. Woel, (supra) , 302 Md. at 45, 485 A.2d at 268; Oxtoby v. McGowan, supra, 294 Md. at 91, 447 A.2d at 865.
Langworthy's malpractice claim against Goicochea was dismissed by the HCAO because he did not file the certificate of a qualified medical expert attesting to the merit of his claim, as required by ยง 3-2A-04(b) of the Act. Therefore, staying the present civil action would serve no purpose. The circuit court correctly held that dismissal of the action was appropriate.
JUDGMENT OF THE COURT OF SPECIAL APPEALS REVERSED, AND CASE REMANDED TO THAT COURT WITH DIRECTIONS TO AFFIRM THE JUDGMENT OF THE CIRCUIT COURT FOR MONT-GOMERY COUNTY. RESPONDENT TO PAY COSTS IN THIS COURT AND IN THE COURT OF SPECIAL APPEALS.
Page 1 2 3 4 5 Maryland Personal Injury Attorneys
Personal Injury Lawyers
|
| |
to fill out a simple form to connect to Personal Injury Lawyers in your area.
|
|