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Anne Arundel County:
7310 Ritchie Highway, Ste 910 Glen Burnie, Maryland 21061
(410) 760-7339
Baltimore City
Office Meeting Location: 111 South Calvert Street, Ste 2700, Baltimore, Maryland 21202
(410) 685-7339
Baltimore County: 10451 Mill Run Circle, Ste 400, Owings Mills, Maryland 21136
(410) 363-7339
Howard County
5044 Dorsey Hall Ste 205, Ellicott City, Maryland 21042
(410) 740-7339
Prince George County:
6301 Ivy Lane
Suite 700, Greenbelt, Maryland 20770
(301) 474-7339
Montgomery County: 6701 Democracy Blvd. Suite 300 Bethesda, Maryland 20817
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Now It's Time For Real Answers From a
Maryland Injury Attorney |
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Maryland Medical Malpractice
-- Expert Certification the
20% Requirement
Maryland medical
malpractice law places a
limitation on who can
testify in the cases to
certify and/or testify to
the standard of care to
those medical providers who
devote no more then 20% of
their professional time to
testifying in personal
injury cases. Specifically,
(4)
A health care
provider who attests
in a certificate of
a qualified expert
or who testifies in
relation to a
proceeding before an
arbitration panel or
a court concerning
compliance with or
departure from
standards of care
may not devote
annually more than
20 percent of the
expert's
professional
activities to
activities that
directly involve
testimony in
personal injury
claims.
The issue was addressed in
in
Witte
v.
Azarian where the
court addressed what
kind of activities “directly
involve testimony in
personal injury claims,”
within the meaning of CJ
section 3-2A-04(b)(4), so as
to constitute the numerator
in the 20 Percent Rule.
The court reasoned that the
operative statutory phrase
at issue (“activities that
directly involve testimony
in personal injury claims”),
was ambiguous, as its
meaning could not be
ascertained from its plain
language, and that, in light
of the legislative history
of the Act as amended,
including the amendments
establishing the certificate
of qualified expert
requirement, that language
had to be read narrowly, so
as to avoid “creat[ing] an
unreasonable impediment to
the pursuit, or defense, of
a common law right of
action” for medical
negligence. The Court
determined a standard to
determine the issue as
follows:
A more reasonable approach,
we think, is to regard the
statute as including only
(1) the time the doctor
spends in, or traveling to
or from, court or deposition
for the purpose of
testifying, waiting to
testify, or observing events
in preparation for
testifying, (2) the time
spent assisting an attorney
or other member of a
litigation team in
developing or responding to
interrogatories and other
forms of discovery, (3) the
time spent in reviewing
notes and other materials,
preparing reports, and
conferring with attorneys,
insurance adjusters, other
members of a litigation
team, the patient, or others
after being informed that
the doctor will likely be
called upon to sign an
affidavit or otherwise
testify, and (4) the time
spent on any similar
activity that has a clear
and direct relationship to
testimony to be given by the
doctor or the doctor's
preparation to give
testimony.
Furthermore the case of
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Maryland Injury Attorney
Maryland Personal Injury Lawyer
Maryland personal Injury Attorney
Malpractice
Truck Accident
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for Your Convenience.
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Expense Cost To Our Clients Without Recovery |
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