Mancuso v. Giant Food, Inc.

KARWACKI, Judge.

The issue in this case is whether the Maryland Health Care Malpractice Claims statute, Maryland Code (1974,1984 Repl.Vol., 1987 Cum.Supp.), §§ 3-2A-01, et seq., of the Courts and Judicial Proceedings Article (“the Act”) requires, as a condition precedent to a civil action in court, arbitration of a claim for damages against a pharmacist for errors in connection with the dispensing of a prescribed drug.

The alleged facts giving rise to this case are set forth in a complaint filed in the Circuit Court for Baltimore City on December 4, 1987 by the appellant, Margaret Mancuso. In…