Wilcox v. Orellano

Subsection 5—119(b) of the Courts and Judicial Proceedings Article 1 permits a party, whose medical malpractice “action or claim” has been “dismissed once ... without prejudice,” because of that party’s failure to attach a report of an attesting expert to the certificate of a qualified expert, to re-file that “action or claim,” so long as it is filed within 60 days from the date of dismissal, regardless of whether the statute of limitations has run. This “savings provision,” 2 however, does not apply, under the preceding subsection of section 5-119, that is, subsection 5—119(a), or the…