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Terms Used In Maryland Code, COURTS AND JUDICIAL PROCEEDINGS 3-2A-06D

  • Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
  • Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
  • Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
  • Discovery: Lawyers' examination, before trial, of facts and documents in possession of the opponents to help the lawyers prepare for trial.
  • Entitlement: A Federal program or provision of law that requires payments to any person or unit of government that meets the eligibility criteria established by law. Entitlements constitute a binding obligation on the part of the Federal Government, and eligible recipients have legal recourse if the obligation is not fulfilled. Social Security and veterans' compensation and pensions are examples of entitlement programs.
  • Plaintiff: The person who files the complaint in a civil lawsuit.
  • state: means :

    (1) a state, possession, territory, or commonwealth of the United States; or

    (2) the District of Columbia. See
  • Testify: Answer questions in court.
(a) (1) This section applies only to an initial complaint filed on or after January 1, 2005, for which a certificate of a qualified expert is required to be filed in accordance with § 3-2A-04 of this subtitle.

(2) This section does not apply if the defendant admits liability.

(b) (1) Within 15 days after the date that discovery is required to be completed, a party shall file with the court a supplemental certificate of a qualified expert, for each defendant, that attests to:

(i) The certifying expert’s basis for alleging what is the specific standard of care;

(ii) The certifying expert’s qualifications to testify to the specific standard of care;

(iii) The specific standard of care;

(iv) For the plaintiff:

1. The specific injury complained of;

2. How the specific standard of care was breached;

3. What specifically the defendant should have done to meet the specific standard of care; and

4. The inference that the breach of the standard of care proximately caused the plaintiff’s injury; and

(v) For the defendant:

1. How the defendant complied with the specific standard of care;

2. What the defendant did to meet the specific standard of care; and

3. If applicable, that the breach of the standard of care did not proximately cause the plaintiff’s injury.

(2) An extension of the time allowed for filing a supplemental certificate under this section shall be granted for good cause shown.

(3) The facts required to be included in the supplemental certificate of a qualified expert shall be considered necessary to show entitlement to relief sought by a plaintiff or to raise a defense by a defendant.

(c) Subject to the provisions of this section:

(1) If a plaintiff fails to file a supplemental certificate of a qualified expert for a defendant, on motion of the defendant the court may dismiss, without prejudice, the action as to that defendant; or

(2) If the defendant fails to file a supplemental certificate of a qualified expert, on motion of the plaintiff the court may adjudicate in favor of the plaintiff on the issue of liability as to that defendant.

(d) (1) The Maryland Rules apply to filing and serving a copy of a certificate required under this section and in motions relating to a violation of this section.

(2) Nothing contained in this section prohibits or limits a party from moving for summary judgment in accordance with the Maryland Rules.

(e) For purposes of the certification requirements of this section:

(1) A party may not serve as a party’s expert; and

(2) The certificate may not be signed by:

(i) A party;

(ii) An employee or partner of a party; or

(iii) An employee or stockholder of any professional corporation of which the party is a stockholder.

(f) (1) The clerk of the court shall forward to the Department of Health and Mental Hygiene copies of the certificates filed under this section.

(2) In the case of a complaint against a physician, the Department of Health and Mental Hygiene shall forward to the State Board of Physicians copies of the supplemental certificate of a qualified expert filed under this section.