Osborne v. Walzer

We are asked to decide whether Md.Code (1974, 2002 RepLVol.), § 3-2A-04(b) of the Courts and Judicial Proceedings Article (“CJP”) requires the dismissal of a medical malpractice claim when the claimant’s Certificate of Qualified Expert was filed, without an “attesting expert’s” report attached. The Circuit Court for Anne Arundel County believed that it does and, although such a report was ultimately filed, dismissed the malpractice complaint of appellant Keith Osborne against appellees, Clifford Walzer, DMD, and Walzer & Sullivan, D.D.S., P.C. Because we disagree with both the action taken by…