Navarro-Monzo v. Washington Adventist Hospital

The Circuit Court for Montgomery County dismissed this medical malpractice action because, in that court’s view, appellants failed, when the case was pending before the Health Claims Arbitration Office, to file an expert’s certificate within the time limit set forth in Maryland Code, § 3-2A-04(b) of the Courts and Judicial Proceedings Article (CJP). We believe that the court erred and shall therefore reverse.

BACKGROUND

Title 3, subtitle 2A of CJP creates an arbitration program for the resolution of medical injury claims made against health care providers, in which damages in excess of the…