 |
 |
to fill out a simple form to connect to Personal Injury Lawyers in your area.
|
|
|
|
|
Lerman v. Heemann11/29/1996
e's view, this would reduce the cost of defense by ferreting out unmeritorious claims which, in turn, would lower the cost of malpractice insurance and, potentially, overall health care costs. The Committee's proposed § 3-2A-02(a) was enacted verbatim in ch. 235 of the Acts of 1976. . . .
(Footnote omitted.)
Because the physicians' joint liability for the $3,354,808.55 judgment has already been established by a lawsuit that was unarguably filed after full compliance with the Act, there literally would be no malpractice claim for the HCAO to "screen" and no possibility that an "unmeritorious" claim for contribution would be ferreted out if we required Dr. Heemann to file a claim for contribution in the HCAO. Forcing Dr. Heemann to file such a claim in the HCAO after both a Health Claims Arbitration panel and a jury have already determined that Dr. Lerman and Dr. Heemann are joint tortfeasors would waste time and money and would defeat the purpose of the Act.
For the aforegoing reasons, we hold that no cross-claim for contribution was required to be filed under the Act, and therefore, the trial judge did not err in granting Dr. Heemann's judgment in accordance with his Rule 2-614 motion.
JUDGMENT AFFIMRED;
COSTS TO BE PAID BY APPELLANT.
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.
|
|